CONSTITUTION 

OF THE 

STATE OF 
OHIO 

With Topical and Sectional Index 



ISSUED 1920 

HARVEY C. SMITH 

Secretary of State 





ow> 


THEXONSTITUTION 


OF THE 


STATE OF OHIO 


As in Force and Effect 
January 1, 1920 


Collated and Published by 

HARVEY C. SMITH, Secretary of State 




Columbus, Ohio: 

The F. J. Heer Printing Co. 
1920 


Bound at the State Bindery. 






LIBRARY OF CONGRESS * 

scEivtn 

j JAN 7-1922 

OOCUiVJl^To * . ^fON 






TOPICAL AND SECTIONAL INDEX. 


ARTICLE I. 

BILL OF RIGHTS. 

(Page 7.) 

Section 

1. Inalienable rights. 

2. Where political power vested; special 

privileges. 

3. Right of petition; instruction. 

4. Bearing arms; standing armies; military 

power. 

5. Trial by jury. Reform in civil jury sys¬ 

tem. 

6. Slavery and involuntary servitude. 

7. Religious liberty, etc.; test; education. 

8. Habeas corpus. 

9. Bail. 

10. The trial of accused persons and their 

rights. Depositions by state and com¬ 
ment on failure of accused to testify in 
criminal cases. 

11. Freedom of speech; libel. 

12. Transportation; forfeiture. 

13. Quarters of soldiers. 

14. Search warrants. 

15. Imprisonment for debt. 

16. Remedy in courts. 

17. Hereditary honors, etc. 

18. Suspension of laws. 

19. Private property inviolate, unless, etc. 
19a. Damage for wrongful death. 

20. Powers not delegated. 

ARTICLE II. 

LEGISLATIVE. 

(Page 9.) 

1. Legislative power in senate and house. 
In the people under the Initiative and 
Referendum. 

la. Initiative petition to amend constitution; 

percentum; where filed; contents; sub¬ 
mission to electors. 

lb. Initiative petition proposing a law; per¬ 

centum; when and where filed; con¬ 
tents; supplementary petition; per¬ 
centum; where filed; submission to 
electors. 

lc. Referendum petition; percentum; where 

filed; submission; delay of law going 
into effect. 

l d. Laws not subject to referendum; emer¬ 

gency laws. 

le. Powers not to be used to pass laws 

classifying property or levying any 
single tax on land. 

l f. Initiative and referendum powers re¬ 

served to people in municipalities. 


Section 

lg. Requisites of petitions; requisites of sig¬ 
natures; verification of parts of the 
petition; one-half the designated per¬ 
centage required from at least one- 
half of the counties of the state; 
arguments for and against; distribution 
of text and arguments; ballots; basis 
upon which number of petitioners 
determined; provisions self-executing. 

2. Election, and terms of members. 

3. Who eligible. 

4. Who ineligible. 

5. Who ineligible to any office. 

6. Who to determine qualifications, etc.; 

members; quorum; attendance. 

7. Mode of organizing. 

8. Rules and rights of punishment and ex¬ 

pulsion. Investigation of members; 
production of evidence. 

4^. Journal; yeas and nays; majority to pass 
a law. 

10. Protest. 

11. Vacancies. 

12. Privileges as to arrest, and speech. 

13. Proceedings public, unless, etc. 

14. Adjournments. 

15. 16. Bills, where to originate; to be read 

three times; title; to contain one 
subject; acts revived or amended; 
veto. 

17. Signatures to bills. 

18. Style of laws. 

19. Exclusion of members from office. 

20. Terms of office to be fixed; salary. 

21. Trial of contested elections. 

22. Appropriations. 

23. 24. Impeachments. 

25. When sessions to commence. 

26. What laws to have uniform operation; 

upon whose approval to take effect. 

27. Power of appointment to office; vote for 

U. S. senator. 

28. Retroactive laws, etc. 

29. Extra compensation. 

30. New counties. 

31. Compensation of members and officers of 

general assembly; perquisites. 

32. Divorce, and judicial power. 

33. Mechanics’ and builders’ liens. 

34. Welfare of employes. 

35. Workmen’s compensation. 

36. Conservation of natural resources. 

37. Eight hour day on public work; week’s 

work. 

38. Removal of officials. 

39. Regulating expert testimony in criminal 

trials. 

40. Registering and warranting land titles. 

41. Abolishing prison contract labor 






4 


CONSTITUTION OF THE STATE OF OHIO. 


ARTICLE III. 

EXECUTIVE. 

(Page 20.) 

Section 

1. Executive officers. 

2. Their terms of office. 

3. 4. Returns of their election. 

5. Governor’s power. 

6. H’e may require reports; general duty. 

7. His message. 

8. Limiting power of General Assembly in 

extra session. 

9. When he may adjourn the General As¬ 

sembly. 

10. Commander-in-chief.^ 

11. Reprieves, pardons, etc. 

12. The seal of the state. 

13. Grants and commissions. 

14. Who ineligible for governor. 

15. Vacancy in his office, etc. 

16. Lieutenant governor. 

17. Vacancy in his office, etc. 

18. What vacancies governor to fill, etc. 

19. Compensation of executive officers. 

20. What officers shall report to the gover¬ 

nor, and when, etc. 

ARTICLE IV. 

JUDICIAL. 

(Page 23.) 

1. In whom judicial power vested. 

2. The supreme court. 

3. The qommon pleas. 

4. Jurisdiction of common pleas. 

5. (Repealed Oct. 9, 1883.) 

6. Courts of appeals. 

7. Probate courts. 

8. Jurisdiction of probate courts. 

9. Justices of the peace. 

10. Election of other judges, and term of 

office. 

11. (Repealed October 9, 1883.) 

12. Common pleas judges; term of office, and 

residence. 

13. Vacancies in the office of judge. 

14. Compensation; when ineligible as candi¬ 

date for other office. 

15. Number of judges may be increased or 

diminished, districts altered and other 
courts established. 

16. Clerks of courts. 

17. How judges removed. 

18. Jurisdiction at chambers, etc. 

19. Courts of arbitration. 

20. Style of process; conclusion of indict¬ 

ments. 

21. Supreme court commission. 

ARTICLE V. 

ELECTIVE FRANCHISE. 

(Page 28.) 

1. ' Who may vote. 

2. How. 

3. Electors privileged from arrest. 


Section 

4. Forfeiture of elective franchise. 

5. Who deemed non-residents. 

6.. Idiots and insane. 

7. Primary elections; nominations shall be 
made at. 

ARTICLE VI. 

EDUCATION. 

(Page 29.) 

1. The school and religious fund. 

2. Common school fund to be raised; how 

controlled. 

3. Public school system; boards of educa¬ 

tion. 

4. Superintendent of public instruction. 

ARTICLE VII. 

PUBLIC INSTITUTIONS. 

(Page 29.) 

1. Insane, blind, deaf and dumb. 

2. Penitentiary. 

3. Vacancies; how filled. 

ARTICLE VIII. 

PUBLIC DEBT AND PUBLIC WORKS. 
(Page 30.) 

1, 2, 3. Limitation upon public debt. 

4. Loan of credit of state; state not to own 

stocks. 

5. Assumption of debts by the state. 

6. Counties, cities, town or township may 

not be stockholders, etc. Insurance 
provision. 

7. Sinking fund to pay public debt. 

8. Commissioners thereof. 

9. 10, 11. Duties of the commissioners, 

governor, general assembly, etc. 

12. Superintendent of public works. 

13. (Repealed September 3, 1912.) 

• ARTICLE IX. 

MILITIA. 

(Page 32.) 

1. Who to perform military duty. 

2. Officers of militia. 

3. How appointed. 

4. Their commissions; when governor to 

call out militia. 

5. Public arms. 

ARTICLE X. 

COUNTY AND TOWNSHIP ORGANI¬ 
ZATIONS. 

(Page 32.) 

1. County and township officers. 

2. Election of county officers. 

3. Eligibility of sheriff and treasurer. 

4. Election of township officers. 

5. County and township funds. 

6. Removal of officers. 

7. Local taxation. 



r 


Constitution of the state of ohio. 


5 


ARTICLE XI. 

APPORTIONMENT. 

(Page 33.) 

Section 

1. Apportionment for members of the 

general assembly. 

2, 3, 4, 5. Ratio in the house. 

6. Ratio for senator. 

7, 8, 9. Senatorial districts. 

10. Apportionment of representatives for ten 

years. 

11. When ratio determined by governor, 

auditor, etc. 

12. Judicial apportionment. 

13. New counties. 

ARTICLE XII. 

FINANCE AND TAXATION. 

(Page 36.) 

1. Poll tax. 

2. Taxation by uniform rule; exemption; 

laws to provide against double taxa¬ 
tion; exemptions published. 

3. How property of banks to be taxed. 

4. What revenue to be raised. 

5. Levying of taxes, and application. 

6. Debt for internal improvements. 

7. Taxation of inheritances. 

8. Taxation of incomes. 

9. Apportionment of inheritance and income 

tax. 

10. Taxation of franchises and production of 

minerals. 

11. Sinking fund must be provided to re¬ 

deem indebtedness. 

ARTICLE XIII. 

CORPORATIONS. 

(Page 38.) 

1. Special acts of incorporation. 

2. Corporations, how formed. 

3. Dues from corporations, how secured. 

Double liability of state banks and in¬ 
spection of private banks. 

4. Taxation of corporate property. 

5. Right of way. 

6. Organization of cities, etc.; taxes, etc., 

therein. 

7. Incorporation of banks. • 

ARTICLE XIV. 

JURISPRUDENCE. 

(Page 39.) 

1. Code commissioners. 

2. Their duties.* 

3. Their reports. 

ARTICLE XV. 

MISCELLANEOUS. 

(Page 39.) 

1. Seat of government. 

2. Printing for state. 

3. Publication of receipts and expenditures. | 


Section 

4. Who eligible to office. 

5. Duelists ineligible. 

6. Lotteries. 

7. Official oath. 

8. Bureau of statistics. 

9. Prohibition of the sale and manufacture 

for sale of intoxicating liquor as a 
beverage. 

10. Civil Service. 

ARTICLE XVI. 

AMENDMENTS. 

(Page 40.) 

1, 2, 3. Constitution may be amended and 
how. 

ARTICLE XVII. 1 

ELECTIONS. 

(Page 41.) 

1. Time for holding. 

2. Terms of officers. 

i 

3. Present incumbents. 

i 

ARTICLE XVIII. 

MUNICIPAL CORPORATIONS. 

(Page 42.) . ■ 

1. Classification. 

2. General and additional laws. 

3. Powers of self government. 

4. 5, 6. Relative to public utilities. 

7, 8, 9. Relative to Home Rule. 

10. Appropriation in excess of public use. 

11. Assessments for cost of appropriating 

property. 

12. Bonds for public utilities. 

13. Taxation, debts, reports and accounts. 

14. Elections. 

SCHEDULE. 

1. Of prior laws. 

2. First election for general assembly. 

3. Foe 1 state officers. 

4. For judges, etc. 

5. Who to continue in office. 

6. As to certain courts. 

7. County and township officers. 

8. Vacancies. 

9. When Constitution took effect. 

10. Term of office. 

11. Successors of the court in bank. 

12. Of the supreme court. 

13. Of the common pleas. 

14. The probate court. 

15. Election of judges a*nd clerks. 

16. Returns of elections. 

17. Vote on the adoption of the Constitution. 

18. Vote on provisions as to intoxicating 

liquors. 

19. Apportionment of house of representa¬ 

tives. 

[20.] Schedule of constitutional amendments 
adopted September 3, 1912. 

[21.] Method of submission. 

[22.] Schedule to prohibition amendment 
adopted November 5, 1918. 









THE CONSTITUTION OF THE STATE OF OHIO. 

With All Amendments Thereto. 

We, the people of the State of Ohio, grateful to Almighty God for 
our freedom, to secure its blessings and promote our common welfare, 
do establish this constitution. 


ARTICLE I. 

BILL OF RIGHTS. 

Sec. i. All men are, by nature, free and independent, and have 
certain inalienable rights, among which are those of enjoying and de¬ 
fending life and liberty, acquiring, possessing, and protecting property, 
and seeking and obtaining happiness and safety. 

Sec. 2 . All political power is inherent in the people. Government 
is instituted for their equal protection and benefit, and they have the 
right to alter, reform, or abolish the same, whenever they may deem 
it necessary; and no special privileges or immunities shall ever be granted 
that may not be altered, revoked, or repealed by the General Assembly. 

Sec. 3. The people have the right to assemble together, in a peace¬ 
able manner, to consult for their common good; to instruct their repre¬ 
sentatives ; and to petition the General Assembly for the redress of 
grievances. 

Sec. 4. The people have the right to bear arms for their defense 
and security; but standing armies, in time of peace, are dangerous to 
liberty; and shall not be kept up; and the military shall be in strict sub¬ 
ordination to the civil power. 

Sec. 5. The right of trial by jury shall be inviolate, except that, 
in civil cases, laws may be passed to authorize the rendering of a verdict 
by the concurrence of not less than three-fourths of the jury. 

(Adopted Sept. 3, 1912.) 

Sec. 6. There shall be no slavery in this state, nor involuntary 
servitude, unless for the punishment of crime. 

Sec. 7. All men have a natural and indefeasible right to worship 
Almighty God according to the dictates of their own conscience. No 
person shall be compelled to attend, erect, or support any place of wor¬ 
ship, or maintain any form of worship, against his consent; and no 
preference shall be given, by law, to any religious society; nor shall any 
interference with the rights of conscience be permitted. No religious 
test shall be required, as a qualification for office, nor shall any person 
be incompetent to be a witness on account of his religious belief; but 
nothing herein shall be construed to dispense with oaths and affirmations. 


7 


8 


CONSTITUTION OF THE STATE OF OHIO. 


ARTICLE I. 

Religion, morality, and knowledge, however, being essential to good gov¬ 
ernment, it shall be the duty of the General Assembly to pass suitable 
laws to protect every religious denomination in the peaceable enjoyment 
of its own mode of public worship, and to encourage schools, and the 
means of instruction. 

Sec. 8. The privilege of the writ of habeas corpus shall not be 
suspended, unless in cases of rebellion or invasion, the public safety 
require it. 

Sec. 9. All persons shall be bailable by sufficient sureties, except 
for capital offenses where the proof is evident, or the presumption great. 
Excessive bail shall not be required: nor excessive fines imposed; nor 
cruel and unusual punishment inflicted. 

Sec. 10. Except in cases of impeachment, cases arising in the army 
and navy, or in the militia when in actual service in time of war or 
public danger, and cases involving offenses for which the penalty pro¬ 
vided is less than imprisonment in the penitentiary, no person shall be 
held to answer for a capital, or otherwise infamous crime, unless on 
presentment or indictment of a grand jury; and the number of persons 
necessary to 1 constitute such grand jury and the number thereof necessary 
to concur in finding such indictment shall be determined by law. In any 
trial, in any court, the party accused shall be allowed to appear and 
defend in person and with counsel; to demand the nature and cause of 
the accusation against him, and to have a copy thereof ; to meet the wit¬ 
ness face to face, and to have compulsory process to procure the attend¬ 
ance of witnesses in his behalf, and a speedy public trial by an im¬ 
partial jury of the county in which the offense is alleged to have been 
committed; but provision may be made by law for the taking of the 
deposition by the accused or by the state, to be used for or against the 
accused, of any witness whose attendance can not be had at the trial, 
always securing to the accused means and the opportunity to be present 
in person and with counsel at the taking of such deposition, and to 
examine the witness face to face as fully and in the same manner as if 
in court. No person shall be compelled, in any criminal case, to be a 
witness against himself; but his failure to testify may be considered by 
the court and jury and may be the subject of comment by counsel. 
No person shall be twice put in jeopardy for the same offense. (Adopted 
Sept. 3, 1912.) 

Sec. 11. Every citizen may freely speak, write, and publish his 
sentiments on all subjects, being responsible for the abuse of the right: 
and no law shall be passed to restrain or abridge the liberty of speech, 
or by the press. In all criminal prosecutions for libel the truth may be 
given in evidence to the jury, and if it shall appear to the jury that the 
matter charged as libelous is true, and was published with good motives, 
and for justifiable ends, the party shall be acquitted. 


CONSTITUTION OF THE STATE OF OHIO. 


9 


ARTICLE II. 

Sec. 12. No person shall be transported out of the state, for any 
offense committed within the same; and no conviction shall work cor¬ 
ruption of blood or forfeiture of estate. 

Sec. 13. No soldier shall, in time of peace, be quartered in any 
house, without the consent of the owner; nor in time of war, except in 
the manner prescribed by law. 

Sec. 14. The right of the people to be secure in their persons, 
houses, papers and possessions against unreasonable searches and seiz¬ 
ures shall not be violated; and no warrant shall issue, but upon probable 
cause, supported by oath or affirmation, particularly describing the place 
to be searched and the person and things to be seized. 

Sec. 15. No person shall be imprisoned for debt in any civil action, 
on mesne or final process, unless in cases of fraud. 

Sec. 16. All courts shall be open, and every person, for an injury 
done him in his land, goods, person, or reputation, shall have remedy by 
due course of law, and shall have justice administered without denial 
or delay. Suits may be brought against the state, in such courts and in 
such manner, as may be provided by law. (Adopted Sept. 3, 1912.) 

Sec. 17. No hereditary emoluments, honors, or privileges, shall ever 
be granted or conferred by this state. 

Sec. 18. No power of suspending laws shall ever be exercised, 
except by the General Assembly. 

Sec. 19. Private property shall ever be held inviolate but sub¬ 
servient to the public welfare. When taken in time of war, or other 
public exigency, imperatively requiring its immediate seizure or for the 
purpose of making or repairing roads, which shall be open to the public, 
without charge, a compensation shall be made to the owner, in money, 
and in all other cases, where private property shall be taken for public 
use, a compensation therefor shall first be made in money, or first secured 
by a deposit of money, and such compensation shall be assessed by a jury, 
without deduction for benefit to any property of the owner. 

Sec. 19a. The amount of damages recoverable by civil action in 
the courts for death caused by the wrongful act, neglect, or default of 
another, shall not be limited by law. (Adopted Sept. 3, 1912.) 

Sec. 20. This enumeration of rights shall not be construed to im¬ 
pair or deny others retained by the people; and all powers, not herein 
delegated, remain with the people. 

ARTICLE II. 

LEGISLATIVE. 

f 

Sec. 1. The legislative power of the state shall be vested in a gen¬ 
eral assembly consisting of a senate and house of representatives but 


IO 


CONSTITUTION OF THE STATE OF OHIO. 


ARTICLE II. 

the people reserve to themselves the power to propose to the general 
assembly laws and amendments to the constitution, and to adopt or reject 
the same at the polls on a referendum vote as hereinafter provided. 
They also reserve the power to adopt or reject any law, section of any 
law or any item in any law appropriating money passed by the general 
assembly, except as hereinafter provided; and independent of the general 
assembly to propose amendments to the constitution and to adopt or 
reject the same at the polls. The limitations expressed in the constitu¬ 
tion, on the power of the general assembly to enact laws, shall be deemed 
limitations on the power of the people to enact laws. (Adopted Sept. 3, 
I9I 2.) 

The people also reserve to themselves the legislative power of the 
referendum on the action of the general assembly ratifying any proposed 
amendment to the constitution of the United States. 

No such ratification shall go into effect until ninety days after it 
shall have been adopted by the general assembly. When a petition signed 
by six per centum of the electors of the state as is provided for a 
referendum petition on laws passed by the general assembly shall have 
been filed with the secretary of state within ninety days after said rati¬ 
fication by the general assembly, ordering that such ratification be sub¬ 
mitted to the electors of the state for their approval or rejection, the 
secretary of state shall submit to the electors of the state for their 
approval or rejection said ratification in the manner provided for the 
submission by referendum of a law passed by the general assembly, and 
said action of the general assembly ratifying said amendment to the 
constitution of the United States shall not go into effect until and unless 
approved by a majority of those voting upon the same. All the pro¬ 
visions of this article on the subject of the referendum upon laws passed 
by the general assembly shall apply hereto, so far as the same are ap¬ 
plicable, except that the general assembly may not declare its ratification 
of a proposed amendment to the constitution of the United States as an 
emergency not subject to the referendum. (Adopted Nov. 5, 1918.) 

Sec. ia. The first aforestated power reserved by the people is 
designated the initiative, and the signatures of ten per centum of the 
electors shall be required upon a petition to propose an amendment to 
the constitution. When a petition signed by the aforesaid required 
number of electors, shall have been filed with the secretary of state, and 
verified as herein provided, proposing an amendment to the constitution, 
the full text of which shall have been set forth in such petition, the 
secretary of state shall submit for the approval or rejection of the 
electors, the proposed amendment, in the- manner hereinafter provided, 
at the next succeeding regular or general election in any year occuring 
subsequent to ninety days after the filing of such petition. The initiative 
petitions, above described, shall have printed across the top thereof: 


CONSTITUTION OF THE STATE OF OHIO. 


I I 


ARTICLE II. 

‘‘Amendment to the Constitution Proposed by Initiative Petition to be 
Submitted Directly to the Electors”. (Adopted Sept. 3, 1912.) 

Sec. ib. When at any time, not less than ten days prior to the 
commencement of any session of the general assembly, there shall have 
been filed with the secretary of state a petition signed by three per 
centum of the electors and r verified as herein provided, proposing a law, 
the full text of which shall have been set forth in such petition, the 
secretary of state shall transmit the same to the general assembly as soon 
as it convenes. If said proposed law shall be passed by the general 
assembly, either as petitioned for or in an amended form, it shall be 
subject to the referendum. If it shall not be passed, or if it shall be 
passed in an amended form, or if no action shall be taken thereon within 
four months from the time it is received by the general assembly, it shall 
be submitted by the secretary of state to the electors for their approval 
or rejection at the next regular or general election, if such submission 
shall be demanded by supplementary petition verified as herein provided 
and signed by not less than three per centum of the electors in addition 
to those signing the original petition, which supplementary petition must 
be signed and filed with the secretary of state within ninety days after 
the proposed law shall have been rejected by the general assembly or 
after the expiration of such term of four months, if no action has been 
taken thereon, or after the law as passed by the general assembly shall 
have been filed by the governor in the office of the secretary of state. 
The proposed law shall be submitted in the form demanded by such sup¬ 
plementary petition, which form shall be either as first petitioned for or 
with any amendment or amendments which may have been incorporated 
therein by either branch or by both branches of the general assembly. If 
a proposed law so submitted is approved by a majority of the electors 
voting thereon, it shall be the law and shall go into effect as herein pro¬ 
vided in lieu of any amended form of said law which may have been 
passed by the general assembly, and such amended law. passed by the 
general assembly shall not .go into effect until and unless the law pro¬ 
posed by supplementary petition shall have been rejected by the electors. 
All such initiative petitions, last above described, shall have printed 
across the top thereof, in case of proposed laws: “Law Proposed by 
Initiative Petition First to be Submitted to the General Assembly”. 
Ballots shall be so printed as to permit an affirmative or negative vote 
upon each measure submitted to the electors. Any proposed law or 
amendment to the constitution submitted to the electors as provided in 
section ia and section ib, if approved by a majority of the electors voting 
thereon, shall take effect thirty days after the election at which it wgs 
approved and shall be published by the secretary of state. If conflicting 
proposed laws or conflicting proposed amendments to the constitution 
shall be approved at the same election by a majority of the total number 


12 


CONSTITUTION OF THE STATE OF OHIO. 


ARTICLE II. 


of votes cast for and against the same, the one receiving the highest 
number of affirmative votes shall be the law, or in the case of amend¬ 
ments to the constitution shall be the amendment to the constitution. No 
law proposed by initiative petition and approved by the electors shall be 
subject to the veto of the governor. (Adopted Sept. 3, 1912.) 

Sec. ic. The second aforestated power reserved by the people is 
designated the referendum,* and the signatures of six per centum of the 
electors shall be required upon a petition to order the submission to the 
electors of the state for their approval or rejection, of any law, section 
of any law or any item in any law appropriating money passed by the 
general assembly. No law passed by the general assembly shall go into 
effect until ninety days after it shall have been filed by the governor in 
the office of the secretary of state, except as herein provided. When a 
petition, signed by six per centum of the electors of the state and veri¬ 
fied as herein provided, shall have been filed with the secretary of state 
within ninety days after any law shall have been filed by the governor 
in the office of the secretary of state, ordering that such law, section of 
such law or any item in such law appropriating money be submitted 
to the electors of the state for their approval or rejection, the secretary 
of state shall submit to the electors of the state for their approval or 
rejection such law, section o.r item, in the manner herein provided, at 
the next succeeding regular or general election in any year occurring 
subsequent to sixty days after the filing of such petition, and no such law, 
section or item shall go into eflfect until and unless approved by a 
majority of those voting upon the same. If, however, a referendum 
petition is filed against any such section or item, the remainder of the law 
thereby be prevented or delayed from going into eflfect. 



pted Sept. 3, 1912.) 


Sec. id. Laws providing for tax levies, appropriations for the 
current expenses of the state government and state institutions, and 
emergency laws necessarv for the immediate preservation of the public 
peace, health or safety, shall go into immediate eflfect. Such emergency 
laws upon a yea and nay vote must receive the vote of two-thirds of all 
the members elected to each branch of the general assembly, and the 

s 

reasons for such necessity shall be set forth in one section of the law, 
which section shall be passed only upon a yea and nay vote, upon a 
separate roll call thereon. The laws mentioned in this section shall not 
be subject to the referendum. (Adopted Sept. 3, 1912.) 

Sec. ie. The powers defined herein as the “initiative” and “refer¬ 
endum” shall not be used to pass a law authorizing any classification 
of property for the purpose of levying diflferent rates of taxation thereon 
or of authorizing the levy of any single tax on land or land values or 


CONSTITUTION OF THE STATE OF OHIO. 13 

ARTICLE II. 

land sites at a higher rate or by a different rule than is or may be applied 
to improvements thereon or to personal property. (Adopted Sept. 3, 
1912.) 

Sec. if. The initiative and referendum powers are hereby reserved 
to the people of each municipality on all questions which such munici¬ 
palities may now or hereafter be authorized by law to control by legis¬ 
lative action; such powers shall be exercised in the manner now or 
hereafter provided by law. (Adopted Sept. 3, 1912.) 

Sec. ig. Any initiative, supplementary or referendum petition may 
be presented in separate parts but each part shall contain a full and 
correct copy of the title, and text of the law, section or item thereof 
sought to be referred, or the proposed law or proposed amendment to 
the constitution. Each signer of any initiative, supplementary or refer¬ 
endum petition must be an elector of the state and shall place on such 
petition after his name the date of signing and his place of residence. 
A signer residing outside of a municipality shall state the township and 
county in which he resides. A resident of a municipality shall state in 
addition to the name of such municipality, the street number, if any, 
of his residence and the ward and precinct in which the same is located. 
The names of all signers to such petitions shall be written in ink, each 
signer for himself. To each part of such petition shall be attached the 
affidavit of the person soliciting the signatures to the same, which aff'i 
davit shall contain a statement of the number of the signers of such part 
of such petition and shall state that each of the signatures attached to 
such part was made in the presence of the affiant, that to the best of his 
knowledge and belief each signature on such part is the genuine signature 
of the person whose name it purports to be, that he believes the persons 
who have signed it to be electors, that they so signed said petition with 
knowledge of the contents thereof, that each signer signed the same on 
the date stated opposite his name; and no other affidavit thereto shall be 
required. The petition and signatures upon such petitions, so verified, 
shall be presumed to be in all respects sufficient, unless not later than 
forty days before the election, it shall be otherwise proved and in such 
event ten additional days shall be allowed for the filing of additional 
signatures to such petition. No law or amendment to the constitution 
submitted to the electors by initiative and supplementary petition and 
receiving an affirmative majority of the votes cast thereon, shall be held 
unconstitutional or void on account of the insufficiency of the petitions 
by which such submission of the same was procured; nor shall the re¬ 
jection of any law submitted by referendum petition be held invalid for 
such insufficiency. Upon all initiative, supplementary and referendum 
petitions provided for in any of the sections of this article, it shall be 
necessary to file from each of one-half of the counties of the state, 
petitions bearing the signatures of not less than one-half of the designated 


14 


CONSTITUTION OF THE STATE OF OHIO. 


ARTICLE II. 

percentage of the electors of such county. A true copy of all laws or 
proposed laws or proposed amendments to the constitution, together with 
an argument or explanation, or both, for, and also an argument or expla¬ 
nation, or both, against the same, shall be prepared. The person or per¬ 
sons who prepare the argument or explanation, or both, against any law, 
section or item, submitted to the electors by referendum petition, may be 
named in such petition and the persons who prepare the argument or 
explanation, or both, for any proposed law or proposed amendment to 
the constitution may be named in the petition proposing the same. The 
person or persons who prepare the argument or explanation, or both, for 
the law, section, or item, submitted to the electors by referendum petition, 
or against any proposed law submitted by supplementary petition, shall 
be named by the general assembly, if in session, and if not in session then 
by the governor. The secretary of state shall cause to be printed the law, 
or proposed law, or proposed amendment to the constitution, together 
with the arguments and explanations, not exceeding a total of three hun¬ 
dred words for each, and also the arguments and explanations, not ex¬ 
ceeding a total of three hundred words against each, and shall mail, or 
otherwise distribute, a copy of such law, or proposed law, or proposed 
amendment to the constitution, together with such arguments and expla¬ 
nations for and against the same to each of the electors of the state, as 
far as may be reasonably possible. Unless otherwise provided by law, the 
secretary of state shall cause to be placed upon the ballots, the title of any 
such law, or proposed law, or proposed amendment to the constitution, to 
be submitted. He shall also cause the ballots so to be printed as to permit 
an affirmative or negative vote upon each law, section of law, or item in 
a law appropriating money, or proposed law or proposed amendment 
to the constitution. The style of all laws submitted by initiative and 
supplementary petition shall be: “Be it Enacted by the People of the 
State of Ohio,” and of all constitutional amendments : “Be It Resolved 
by the People of the State of Ohio.” The basis upon which the re¬ 
quired number of petitioners in any case shall be determined shall be the 
total number of votes cast for the office of governor at the last preceding 
election therefor. The foregoing provisions of this section shall be self- 
executing, except as herein otherwise provided. Laws may be passed to 
facilitate their operation, but in no way limiting or restricting either such 
provision or the powers herein reserved. (Adopted Sept. 3, 1912.) 

Sec. 2. Senators and representatives shall be elected biennially by 
the electors of the respective counties or districts, on the first Tuesday 
after the first Monday in November; their term of office shall commence 
on the first day of January next thereafter, and continue two years. (As 
amended October 13, 1885, 82 v. 446.) 

Sec. 3. Senators and representatives shall have resided in their 
respective counties, or districts, one year next preceding their election, 


CONSTITUTION OF THE STATE OF OHIO. 


15 


ARTICLE II. 

unless they shall have been absent on the public business of the United 
States, or of this state. 

Sec. 4. No person holding office under the authority of the United 
States, or any lucrative office under the authority of this state, shall be 
eligible to, or have a seat in, the General Assembly;-but this provision 
shall not extend to township officers, justices of the peace, notaries pub¬ 
lic, or officers of the militia. 

Sec. 5. No person hereafter convicted of an embezzlement of the 
public funds shall hold any office in this state; nor shall any person, 
holding public money for disbursement, or otherwise, have a seat in the 
general assembly until he shall have accounted for, and paid such money 
into the treasury. 

Sec. 6. Each house shall be judge of the election, returns and quali¬ 
fications of its own members; a majority of all the members elected to 
each house shall be a quorum to do business; but a less number may 
adjourn from day to day, and compel the attendance of absent members, 
in such manner, and under such penalties, as shall be prescribed by law. 

Sec. 7. The mode of organizing the house of representatives at 
the commencement of each regular session, shall be prescribed by law. 

Sec. 8. Each house, except as otherwise provided in this constitu¬ 
tion, shall choose its own officers, may determine its own rules of pro¬ 
ceeding, punish its members for disorderly conduct; and, with the con¬ 
currence of two-thirds, expel a member, but not the second time for the 
same cause; and shall have all powers, necessary to provide for its 
safety and the undisturbed transaction of its business, and to obtain, 
through committees or otherwise, information affecting legislative action 
under consideration or in contemplation, or with reference to any alleged 
breach of its privileges or misconduct of its members, and to that end to 
enforce the attendance and testimony of witnesses, and the production of 
books and papers. (Adopted Sept. 3, 1912.) 

Sec. 9. Each house shall keep a correct journal of its proceedings, 
which shall be published. At the desire of any two members, the yeas 
and nays shall be entered upon the journal; and, on the passage of every 
bill, in either house, the vote shall be taken by yeas and nays, and entered 
upon the journal; and no law shall be passed in either house without the 
concurrence of a majority of all the members elected thereto. 

Sec. 10. Any member of either house shall have the right to pro¬ 
test against any act, or resolution thereof; and such protest, and the 
reasons therefor, shall without alteration, commitment, or delay be 
entered upon the journal. 

Sec. 11. All vacancies which may happen in either house shall, 
for the unexpired term, be filled by election, as shall be directed by law. 

Sec. 12. Senators and representatives, during the session of the 
general assembly, and in going to and returning from the same, shall be 


1 6 CONSTITUTION OF THE STATE OF OHIO. 

ARTICLE II. 

privileged from arrest, in all cases, except treason, felony or breach of 
the peace; and for any speech, or debate, in either house, they shall not 
be questioned elsewhere. 

Sec. 13. The proceedings of both houses shall be public, except in 
cases which, in the opinion of two-thirds of those present, require secrecy. 

Sec. 14. Neither house shall, without the consent of the other, 
adjourn for more than two days, Sundays excluded; nor to any other 
place than that in which the two houses shall be in session. 

Sec. 15. Bills may originate in either house; but may be altered, 
amended or rejected in the other. 

Sec. 16. Every bill shall-be fully and distinctly read on three 
different days, unless in case of urgency three-fourths of the house in 
which it shall be pending, shall dispense with the rule. No bill shall con¬ 
tain more than one subject, which shall be clearly expressed in its title, 
and no law shall, be revived or amended unless the new act contains the 
entire act revived, or the section or sections amended, and the section 
or sections so amended shall be repealed. Every bill passed by the general 
assembly shall, before it becomes a law, be presented to the governor for 
his approval. If he approves, he shall sign it and thereupon it shall 
become a law and be filed with the secretary of state. If he does not 
approve it, he shall return it with his objections in writing to the house 
in which it originated, which shall enter the objections at large upon its 
journal, and may then reconsider the vote on its passage. If three-fifths 
of the members elected to that house vote to repass the bill, it shall be 
sent, with the objections of the governor, to the other house, which may 
also reconsider the vote on its passage. If three-fifths of the members 
elected to that house vote to repass it, it shall become a law notwith¬ 
standing the objections of the governor, except that in no case shall a 
bill be repassed by a smaller vote than is required by the constitution on 
its original passage. In all such cases the vote of each house shall be 
determined by yeas^ and nays and the names of the members voting for 
and against the bill shall be entered upon the journal. If a bill shall 
not be returned by the governor within ten days, Sundays excepted, after 
being presented to him, it shall become a law in like manner as if he 
had signed it, unless the general assembly by adjournment prevents its 
return; in which case, it shall become a law unless, within ten days after 
such adjournment, it shall be filed by him, with his objections in writing 
in the office of the secretary of state. The governor may disapprove any 
item or items in any bill making an appropriation of money and the item 
or items, so disapproved, shall be void, unless repassed in the manner 
herein prescribed for the repassage of a bill. (Adopted Sept. 3, 1912.) 

Sec. 17. The presiding officer of each house shall sign, publicly 
in the presence of the house over which he presides, while the same is 


CONSTITUTION OF THE STATE OF OHIO. 


1 7 


ARTICLE II. 

in session and capable of transacting business, all bills, and joint reso¬ 
lutions passed by the general assembly. 

Sec. 18. The style of the laws of this state shall be, “Be it enacted 
by the General Assembly of the State of Ohio 

Sec. 19. No senator or representative shall, during the term for 
which he shall have been elected, or for one year thereafter, be appointed 
to any civil office under this state, which shall be created or the emolu¬ 
ments of which shall have been increased, during the term for which he 
shall have been elected. 

Sec. 20. The general assembly, in cases not provided for in this 
constitution, shall fix the term of office and the compensation of all of¬ 
ficers ; but no change therein shall affect the salary of any officer during 
his existing term, unless the office be abolished. 

Sec. 21. The general assembly shall determine, by law, before what 
authority, and in what manner, the trial of contested elections shall be 
conducted. 

Sec. 22. No money shall be drawn from the treasury, except in 
pursuance of a specific appropriation, made by law; and no appropriation 
shall be made for a longer period than two years. 

Sec. 23. The house of representatives shall have the sole power 
of impeachment, but a majority of the members elected must concur 
therein. Impeachments shall be tried by the senate; and the senators, 
when sitting for that purpose, shall be upon oath or affirmation to do 
justice according to law and evidence. No person shall be convicted 
without the concurrence of two-thirds of the senators. 

Sec. 24. The governor, judges, and all state officers, may be im¬ 
peached for any misdemeanor in office; but judgment shall not extend 
further than removal from office, and disqualification to hold any office, 
under the authority of this state. The party impeached, whether con¬ 
victed or not, shall be liable to indictment, trial and judgment, accord¬ 
ing to law. 

Sec. 25. All regular sessions of the general assembly shall com¬ 
mence on the first Monday of January, biennially. The first session, 
under this constitution, shall commence on the first Monday of January, 
one thousand eight hundred and fifty-two. 

Sec. 26. All laws, of a general nature, shall have a uniform opera¬ 
tion throughout the state; nor, shall any act, except such as relates to 
public schools, be passed, to take effect upon the approval of any other 
authority than the general assembly, except, as otherwise provided in 
the constitution. 

Sec. 27. The election and appointment of all officers, and the filling 
of all vacancies, not otherwise provided for by this constitution, or the 
constitution of the United States, shall be made in such manner as may 


l8 CONSTITUTION OF THE STATE OF OHIO. 

ARTICLE II. 

be directed by law; but no appointing power shall be exercised by the 
general assembly, except as prescribed in this constitution, and in the 
election of the United States senators; and in these cases the vote shall 
be taken “viva voce ! 3 

Sec. 28. The general assembly shall have no power to pass retro¬ 
active laws, or laws imparing the obligation of contracts; but may, by 
general laws, authorize courts to carry into effect, upon such terms as 
shall be just and equitable, the manifest intention of parties, and officers, 
by curing omissions, defects and errors in instruments and proceedings, 
arising out of their want of conformity with the laws of this state. 

Sec. 29. No extra compensation shall be made to any officer, public 
agent, or contractor, after the service shall have been rendered, or the 
contract entered into; nor shall any money be paid, or any claim, the 
subject matter of which shall not have been provided for by pre-existing 
law, unless such compensation, or claim, be allowed by two-thirds of the 
members elected to each branch if the general assembly. 

Sec. 30. No new county shall contain less than four hundred square 
miles of territory, nor shall any county be reduced below that amount; 
and all laws creating new counties, changing county lines, or removing 
county seats, shall, before taking effect, be submitted to the electors of the 
several counties to be affected thereby, at the next general election after 
the passage thereof, and be adopted by a majority of all the electors 
voting at such election, in each of said counties; but any county now or 
hereafter containing one hundred thousand inhabitants, may be divided, 
whenever a majority of the voters reside in each of the proposed di¬ 
visions shall approve the law passed for that purpose; but no town or 
city within the same shall be divided, nor shall either of the divisions 
contain less than twenty thousand inhabitants. 

Sec. 31. The members and officers of the general assembly shall 
receive a fixed compensation, to be prescribed by law, and no other allow¬ 
ance or perquisites, either in the payment of postage or otherwise; and 
no change in their compensation shall take effect during their term of 
office. 

Sec. 32. The general assembly shall grant no divorce, nor exercise 
any judicial power not herein expressly conferred. 

Sec. 33. Laws may be passed to secure to mechanics, artisans, 
laborers, sub-contractors and material men, their just dues by direct lien 
upon the property, upon which they have bestowed labor or for which 
they have furnished material. No other provision of the constitution 
shall impair or limit this power. (Adopted Sept. 3, 1912.) 

Sec. 34. Laws may be passed fixing and regulating the hours of 
labor, establishing a minimum wage, and providing for the comfort, 
health, safety and general welfare of all employes; and no other provision 



CONSTITUTION OF THE STATE OF OHIO. 


19 


/ 

( 

ARTICLE II. 

of the constitution shall impair or limit this power. (Adopted Sept. 3, 
1912.) 

Sec. 35- F° r the purpose of providing compensation to workmen 
and their dependents, for death, injury or occupational disease, occa¬ 
sioned in the course of such workmen’s employment, laws may be passed 
establishing a state fund to be created by compulsory contribution thereto 
by employers, and administered by the state, determining the terms and 
conditions upon which payment shall be made therefrom, and taking 
away any or all rights of action or defenses from employes and employ¬ 
ers; but no right of action shall be taken away from any employe when 
the injury, disease or death arises from failure of the employer to comply 
with any lawful requirement for the protection of the lives, health and 
safety of employes. Laws may be passed establishing a board which may 
be empowered to classify all occupations, according to their degree of 
hazard, to fix rates of contribution to such fund according to such classi¬ 
fication, and to collect, administer and distribute such fund, and to 
determine all rights of claimants thereto. (Adopted Sept. 3, 1912.) 

Sec. 36. Laws may be passed to encourage forestry, and to that 
end areas devoted exclusively to forestry may be exempted, in whole or 
in part, from taxation. Laws may also be passed to provide for con¬ 
verting into forest reserves such lands or parts of lands as have been 
or may be forfeited to the state, and to authorize the acquiring of other 
lands for that purpose; also, to provide for the conservation of the 
natural resources of the state, including streams, lakes, submerged and 
swamp lands and the development and regulation of water power and the 
formation of drainage and conservation districts; and to provide for the 
regulation of methods of mining, weighing, measuring and marketing 
coal, oil, gas and all other minerals. (Adopted Sept. 3, 1912.) 

Sec. 37. Except in cases of extraordinary emergencies, not to ex¬ 
ceed eight hours shall constitute a day’s work, and not to exceed forty- 
eight hours a week’s work, for workmen engaged on any public work 
carried on or aided by the state, or any political sub-division thereof, 
whether done by contract, or otherwise. (Adopted Sept. 3, 1912.) 

Sec. 38. Laws shall be passed providing for the prompt removal 
from office, upon complaint and hearing, of all officers, including state 
officers, judges and members of the general assembly, for any miscon¬ 
duct involving moral turpitude or for other cause provided by law; and 
this method of removal shall be in addition to impeachment or other 
method of removal authorized by the constitution. (Adopted Sept. 3, 
1912.) 

Sec. 39. Laws may be passed for the regulation of the use of 
expert witnesses and expert testimony in criminal trials and proceedings. 
(Adopted Sept. 3, 1912.) 


20 


CONSTITUTION OF THE STATE OF OHIO. 


ARTICLE III. 

Sec. 40. Laws may be passed providing for a system of registering, 
transferring, insuring and guaranteeing land titles by the state or by the 
counties thereof, and for settling and determining adverse or other claims 
to and interests in, lands the titles to which are so registered, insured or 
guaranteed, and for the creation and collection of guaranty funds by 
fees to be assessed against lands, the titles to which are registered; and 
judicial powers with right of appeal may by law be conferred upon 
county recorders or other officers in matters arising under the operation 
of such system. (Adopted Sept. 3, 1912.) 

Sec. 41. Laws shall be passed providing for the occupation and 
employment of prisoners sentenced to the several penal institutions and 
reformatories in the state; and no person in any such penal institution 
or reformatory while under sentence thereto, shall be required or allowed 
to work at any trade, industry or occupation, wherein or whereby his 
work, or the product or profit of his work, shall be sold, farmed out, con¬ 
tracted or given away; and goods made by persons under sentence to any 
penal institution or reformatory without the State of Ohio, and such 
goods made within the State of Ohio, excepting those disposed of to the 
state or any political sub-division thereof or to any public institution 
owned, managed or controlled by the state or any political sub-division 
thereof, shall not be sold within this state unless the same are conspicu¬ 
ously marked “prison made.” Nothing herein contained shall be con¬ 
strued to prevent the passage of laws providing that convicts may work 
for, and that the products of their labor may be disposed of to, the state 
or any political sub-division thereof, or for or to any public institution 
owned or managed and controlled by the state or any political sub-divi¬ 
sion thereof. (Adopted Sept. 3, 1912.) 

ARTICLE III. 

Sec. 1. The executive department shall consist of a governor, lieu¬ 
tenant governor, secretary of state, auditor of state, treasurer of state, 
and an attorney general, who shall be elected on the first Tuesday after 
the first Monday in November, by the electors of the state, and at the 
places for voting for members of the general assembly. (As amended 
October 13, 1885; 82 v. 446.) 

Sec. 2. The governor, lieutenant governor, secretary of state, treas¬ 
urer, and attorney general shall hold their offices for two years; and the 
auditor for four years. Their terms of office shall commence on the 
second Monday of January next after their election, and continue until 
their successors are elected and qualified. 

Sec. 3. The returns of every election for the officers named in the 
foregoing section shall be sealed up and transmitted to the seat of gov- 


CONSTITUTION OF THE STATE OF OHIO. 


21 


ARTICLE III. 

ernment, by the returning officers, directed to the president of the senate, 
who, during the first week of the session, shall open and publish them, 
and declare the result, in the presence of a majority of the members of 
each house of the general assembly. The person having the highest 
number of votes shall be declared duly elected; but if any two or more 
shall be highest, and equal in votes, for the same office, one of them shall 
be chosen by the joint vote of both houses. 

Sec. 4. Should there be no session of the general assembly in Jan¬ 
uary next after an election for any of the officers aforesaid, the returns 
of such election shall be made to the secretary of state, and opened, and 
the result declared by the governor, in such manner as may be provided 
by law. 

Sec. 5. The supreme executive power of this state shall be vested 
in the governor. 

Sec. 6. He may require information, in writing, from the officers 
in the executive department, upon any subject relating to the duties of 
their respective offices, and shall see that the laws are faithfully executed. 

Sec. 7. He shall communicate at every session, by message, to the 
general assembly, the condition of the state, and recommend such 
measures as he shall deem expedient. 

Sec. 8. The governor on extraordinary occasions may convene the 
general assembly by proclamation and shall state in the proclamation the 
purpose for which such special session is called, and no other business 
shall be transacted at such special session except that named in the procla¬ 
mation, or in any subsequent public proclamation or message to the 
general assembly issued by the governor during said special session, but 
the general assembly may provide for the expenses of the session and 
other matter incidental thereto. (Adopted Sept. 3, 1912.) 

Sec. 9. In case of a disagreement between the two houses, in re¬ 
spect to the time of adjournment, he shall have power to adjourn the 
general assembly to such time as he may think proper, but not beyond 
the regular meetings thereof. 

Sec. 10. He shall be commander-in-chief of the military and naval 
forces of the state, except when they shall be called into the service of 
the United States. 

Sec. 11. He shall have power, after conviction, to grant reprieves, 
commutations and pardons, for all crimes and offenses, except treason 
and cases of impeachment, upon such conditions as he may think proper; 
subject, however, to such regulations, as to the manner of applying for 
pardons, as may be prescribed by law. Upon conviction for treason, he 
may suspend the execution of the sentence, and report the case to the 
general assembly, at its next meeting, when the general assembly shall 


22 


CONSTITUTION OF THE STATE OF OHIO. 


ARTICLE III. 

either pardon, commute the sentence, direct its execution, or grant a 
further reprieve. He shall communicate to the general assembly, at 
every regular session each case of reprieve, commutation, or pardon 
granted, stating the name and crime of the convict, the sentence, its date, 
and the date of the commutation, pardon, or reprieve, with his reason 
therefor. 

Sec. 12. There shall be a seal of the state, which shall be kept by 
the governor, and used by him officially; and shall be called “The Great 
Seal of the State of Ohio.” 

Sec. 13. All grants and commissions shall be issued in the name 
and by the authority of the state of Ohio; sealed with the great seal; 
signed by the governor, and countersigned by the secretary of state. 

Sec. 14. No member of congress, or other person holding office 
under the authority of this state, or of the United States, shall execute 
the office of the governor, except as herein provided. 

Sec. 15. In case of the death, impeachment, resignation, removal, 
or other disability of the governor, the powers and duties of the office, 
for the residue of the term, or until he shall be acquitted or the disability 
removed, shall devolve upon the lieutenant governor. 

Sec. 16. The lieutenant governor shall be president of the senate, 
but shall vote only when the senate is equally divided; and in case of 
his absence, or impeachment, or when he shall exercise the office of gov¬ 
ernor, the senate shall choose a president pro tempore. 

Sec. 17. If the lieutenant governor, while executing the office of 
governor, shall be impeached, displaced, resign or die, or otherwise be¬ 
come incapable of performing the duties of the office, the president of 
the senate shall act as governor until the vacancy is filled, or the dis¬ 
ability removed; and if the president of the senate, for any of the above 
causes, shall be rendered incapable of performing the duties pertaining 
to the office of governor, the same shall devolve upon the speaker of the 
house of representatives. 

Sec. 18. Should the office of auditor, treasurer, secretary, or attor¬ 
ney general become vacant, for any of the causes specified in the fifteenth 
section of this article, the governor shall fill the vacancy until the dis¬ 
ability is removed, or a successor elected and qualified. Every such 
vacancy shall be filled by election, at the first general election that occurs 
more than thirty days after it shall have happened; and the person chosen 
shall hold the office for the full term fixed in th.e second section of this 
article. 

Sec. 19. The officers mentioned in this article shall, at stated times 
receive for their services, a compensation to be established by law, which 
shall neither be increased nor diminished during the period for which 
they shall have been elected. 


CONSTITUTION OF THE STATE OF OHIO. 


23* 


ARTICLE IV. 

Sec. 20. J he officers of the executive department, and of the public 
state institutions shall, at least five days preceding each regular session 
of the general assembly, severally report to the governor, who shall 
transmit such reports, with his message, to the general assembly. 

ARTICLE IV. 

JUDICIAL. 

Sec. 1. The judicial power of the state is vested in a supreme court, 
courts of appeals, courts of common pleas, courts of probate, and such 
other courts inferior to the courts of appeals as may from time to time 
be established by law. (Adopted Sept. 3, 1912.) 

Sec. 2. The supreme court shall, until otherwise provided by law, 
consist of a chief justice and six judges, and the judges now in office in 
that court shall continue therein until the end of the terms for which they 
were respectively elected, unless they are removed, die or resign. A 
majority of the supreme court shall be necessary to constitute a quorum 
or to pronounce a decision, except as hereinafter provided. It shall have 
original jurisdiction in quo warranto, mandamus, habeas corpus, pro¬ 
hibition and procedendo, and appellate jurisdiction in all cases involving 
questions arising under the constitution of the United States or of this 
state, in cases of felony on leave first obtained, and in cases which origi¬ 
nated in the courts of appeals, and such revisory jurisdiction of the pro¬ 
ceedings of administrative officers as may be conferred by law. It shall 
hold at least one term in each year at the seat of government, and such 
other terms, there or elsewhere, as may be provided by law. The judges 
of the supreme court shall be elected by the electors of the state at large 
for such term, not less than six years, as may be prescribed by law, and 
they shall be elected, and their official term shall begin, at such time as 
may now or hereafter be fixed by law. Whenever the judges of the 
supreme court shall be equally divided in opinion as to the merits of 
any case before them and are unable for that reason to agree upon a judg¬ 
ment, that fact shall be entered upon the record and such entry shall be 
held to constitute an affirmance of the judgment of the court below. 
No law shall be held unconstitutional and void by the supreme court 
without the concurrence of at least all but one of the judges, except in 
the affirmance of a judgment of the court of appeals declaring a law 
unconstitutional and void. In cases of public or great general interest 
the supreme court may, within such limitation of time as may be pre¬ 
scribed by law, direct any court of appeals to certify its record to the 
supreme court, and may review and affirm, modify or reverse the judg¬ 
ment of the court of appeals. All cases pending in the supreme court at 


24 


CONSTITUTION OF THE STATE OF OHIO. 


ARTICLE IV. 

the time of the adoption of this amendment by the people, shall proceed 
to judgment in the manner provided by existing law. No law shall be 
passed or rule made whereby any person shall be prevented from in¬ 
voking the original jurisdiction of the supreme court. (Adopted Sept. 

3 , mz-) 

Sec. 3. One resident judge of the court of common pleas, and such 
additional resident judge or judges as may be provided by law, shall be 
elected in each county of the state by the electors of such county; and as 
many courts or sessions of the court of common pleas as are necessary, 
may be held at the same time in any county. Any judge of the court of 
common pleas may temporarily preside and hold court in any county; and 
until the general assembly shall make adequate provisions therefor, the 
chief justice of the supreme court of Ihe state shall pass upon the dis¬ 
qualification or disability of any judge of the court of common pleas, 
and he may assign any judge to any county to hold court therein. 
(Adopted Sept. 3, 1912.) 

Sec. 4. The jurisdiction of the courts of common pleas, and of 
the judges thereof, shall be fixed by law. 

Sec. 5. [Repealed October 9, 1883 J So v. 382.] 

Sec. 6 . The state shall be divided into appellate districts of compact 
territory bounded by county lines, in each of which shall be a court 
of appeals consisting of three judges, and until altered by law the circuits 
in which the circuit courts are now held shall constitute the appellate dis¬ 
tricts aforesaid. The judges of the circuit courts now residing in their 
respective districts shall be the judges of the respective courts of appeals 
in such districts and perform the duties thereof until the expiration of 
4heir respective terms of office. Vacancies caused by the expiration of 
the terms of office of the judges of the courts of appeals shall be filled 
by the electors of the respective appellate districts in which such vacan¬ 
cies shall arise. Until otherwise provided by law the term of office of 
such judges shall be six years. Laws may be passed to prescribe thfe 
time and mode of such election and to alter the number of districts or 
the boundaries thereof, but no such change shall abridge the term of any 
judge then in office. The court of appeals shall hold at least one term 
annually in each county in the district and such other terms at a county 
seat in the district as the judges may determine upon, and the county 
commissioners of any county in which the court of appeals shall hold 
sessions shall make proper and convenient provisions for the holding of 
such court by its judges and officers. Each judge shall be competent to 
exercise judicial powers in any appellate district of the state. The courts 
of appeals shall continue the work of the respective circuit courts and all 
pending cases and proceedings in the circuit courts shall proceed to 
judgment and be determined by the respective courts of appeals, and the 


CONSTITUTION OF THE STATE OF OHIO. 


ARTICLE IV. 

supreme court, as now provided by law, and cases brought into said 
courts of appeals, after the taking effect hereof shall be subject to the 
provisions hereof, and the circuit courts shall be merged into, and their 
work continued by, the courts of appeals. The courts of appeals shall 
have original jurisdiction in quo warranto, mandamus, habeas corpus, 
prohibition and procedendo, and appellate jurisdiction in the trial of 
chancery cases, and, to review, affirm, modify, or reverse the judgments 
of the court of common pleas, superior court and other courts of record 
within the district as may be provided by law, and judgments of the courts 
of appeals shall be final in all cases, except cases involving questions 
arising under the constitution of the United States or of this state, cases 
of felony, cases of which it has original jurisdiction, and cases of 
public or great general interest in which the supreme court may direct 
any court of appeals to certify its record to that court. No judgment of 
a court of common pleas, a superior court or other court of record shall 
be reversed except by the concurrence of all the judges of the court of 
appeals on the weight of the evidence, and by a majority of such court 
of appeals upon other questions; and whenever the judges of a court of 
appeals find that a judgment upon which they have agreed is in conflict 
with a judgment pronounced upon the same question by any other court 
of appeals of the state, the judges shall certify the record of the case 
to the supreme court for review and final determination. The decisions 
in all cases in the supreme court shall be reported, together with the 
reasons therefor, and laws may be passed providing for the reporting of 
cases in the courts of appeals. The chief justice of the supreme court 
of the state shall determine the disability or disqualification of any judge 
of the courts of appeals and he may assign any judge of the courts of 
appeals to any county to hold court. (Adopted Sept. 3, 1912.) 

Sec. 7. There shall be established in each county, a probate court, 
which shall be a court of record, open at all times, and holden by one 
judge, elected by the electors of the county, who shall hold his office for 
the term of four years, and shall receive such compensation, payable out 
of the county treasury, as shall be provided by law. Whenever ten per 
centum of the number of the electors voting for governor at the next 
preceding election in any county having less than sixty thousand popula¬ 
tion as determined by the next preceding federal census, shall petition the 
judge of the court of common pleas of any such county not less than 
ninety days before any general election for county officers, the judge of 
the court of common pleas shall submit to the electors of such county the 
question of combining the probate court with the court of common pleas, 
and such courts shall be combined and shall be known as the court of 
common pleas in case a majority of the electors voting upon such ques¬ 
tion vote in favor of such combination. Notice of such election shall be 


26 


\ 

CONSTITUTION OF THE STATE OF OHIO. 

ARTICLE IV. 

given in the same manner as for the election of county officers. Elections 
may be had in the same manner for the separation of such courts, when 
once combined. (Adopted Sept. 3. 1912.) 

Sec. 8. The probate court shall have jurisdiction in probate and 
testamentary matters, the appointment of administrators and guardians, 
the settlement of the accounts of executors, administrators, and guard¬ 
ians, and such jurisdiction in habeas corpus, the issuing of marriage 
licenses, and for the sale of land by executors, administrators, and guard¬ 
ians, and such other jurisdiction's, in any county or counties, as may be 
provided by law. 

Sec. 9. [Repealed September 3, 1912.] 

Sec. 10. All judges, other than those provided for in this con¬ 
stitution, shall be elected, by the electors of the judicial district for 
which they may be created, but not for a longer term of office than five 
years. 

Sec. 11. [Repealed October 9, 1883; 80 v. 382.] 

Sec. 12. The judges of the courts of commqn pleas shall, while in 
office, reside in the county for which they are elected; and their term 
of office shall be for six years. (Adopted Sept. 3, 1912.) 

Sec. 13. In case the office of any judge shall become vacant, be¬ 
fore the expiration of the regular term for which he was elected, the 
vacancy shall be filled by appointment by the governor, until a successor 
is elected and qualified; and such successor shall be elected for the unex¬ 
pired term, at the first annual election that occurs more than thirty days 
after the vacansy shall have happened. 

Sec. 14. The judges of the supreme court, and of the court of 
common pleas, shall at stated times, receive, for their services, such com¬ 
pensation as may be provided by law; which shall not be diminished, or 
increased, during their term of office; but they shall receive no fees or 
perquisites, nor hold any office of profit or trust, under the authority 
of this state, or of the United States. All votes for either of them, for 
any elective office, except a judicial office, under the authority of this 
state, given by the General Assembly, or the people, shall be void. 

Sec:. 15. Laws may be passed to increase or diminish the number of 
judges of the supreme court, to increase beyond one, or diminish to 
one the number of judges of the court of common pleas in any county, 
and to establish other courts, whenever two-thirds of the members 
elected to each house shall concur therein; but no such change, addition 
or diminution shall vacate the office of any judge ; and any existing court 
heretofore created by law shall continue in existence until otherwise 
provided. (Adopted Sept. 3, 1912.) 

Sec. 16. There shall be elected in each county, by the electors 
thereof one clerk of the court of common pleas, who shall hold his office 
for the term of three years, and until his successor shall be elected and 


CONSTITUTION OF THE STATE OF OHIO. 


27 


ARTICLE IV. 

qualified. He shall, by virtue of his office, be clerk of all other courts 
of record held therein; but, the General Assembly may provide, by law, 
for the election of a clerk, with a like term of office, for each or any 
other of the courts of record, and may authorize the judge of the 
probate court to perform the duties of clerk for his court, under such 
regulations as may be directed by law. Clerks of courts shall be remov¬ 
able for such cause and in such manner as shall be prescribed by law. 

Sec. 17. Judges may be removed from office, by concurrent reso¬ 
lutions of both houses of the General Assembly, if two-thirds of the 
members, elected to each house, concur therein; but no such removal shall 
be made, except upon complaint, the substance of which shall be entered 
on the journal, nor, until the party charged shall have had notice thereof, 
and an opportunity to be heard. 

Sec. 18. The several judges of the supreme court, of the common 
pleas, and of such other courts as may be created, shall, respectively, have 
and exercise such power and jurisdiction, at chambers, or otherwise, 
as may be directed by law. 

Sec. 19. The General Assembly may establish courts of concilia¬ 
tion, and prescribe their powers and duties; but such courts shall not 
render final judgment in any case, except upon submission, by the parties, 
of the matter in dispute, and their agreement to abide such judgment. 

Sec. 20. The style of all process shall be “The State of Ohioall 
prosecutions shall be carried on, in the name, and by the authority, of 
the State of Ohio; and all indictments shall conclude, “against the peace 
and dignity of the State of Ohio.” 

Sec. 22. (21) A commission, which shall consist of five members, 

shall be appointed by the governor, with the advice and consent of the 
senate, the members of which shall hold office for the term of three 
years from and after the first day of February, 1876, to dispose of such 
part of the business then on the dockets of the supreme court, as shall, 
by arrangement between said commission and said court, be transferred 
to such commission; and said commission shall have like jurisdiction and 
power in respect to such business as are or may be vested in said court; 
and the members of said commission shall receive a like compensation 
for the time being with the judges of said court. A majority of the mem¬ 
bers of said commission shall be necessary to form a quorum or pro¬ 
nounce a decision, and its decision shall be certified, entered, and en¬ 
forced as the judgments of the supreme court, and at the expiration of 
the term of said commission, all business undisposed of, shall by it be 
certified to the supreme court and disposed of as if said commission had 
never existed. The clerk and reporter of said court shall be the clerk 
and reporter of said commission, and the commission shall have such 
other attendants not exceeding in number those provided by law for said 
court, which attendants said commission may appoint and remove at its 


28 


CONSTITUTION OF THE STATE OF OHIO. 


ARTICLE V. 

pleasure. Any vacancy occurring in said commission, shall be filled by 
appointment of the governor, with the advice and consent of the senate, 
if the senate be in session, and if the senate be not in session, by the 
governor, but in such last case, such appointment shall expire at the 
end of the next session of the General Assembly. The General Assem¬ 
bly may, on application of the supreme court duly entered on the jour¬ 
nal of the court and certified, provide by law, whenever two-thirds of 
such [each] house shall concur therein, from time to time, for the ap¬ 
pointment, in like manner, of a like commission with like powers, juris¬ 
diction and duties; provided, that the term of any such commission shall 
not exceed two years, nor shall it be created oftener than once in ten 
years. [As adopted October 12, 1875; 72 v. 269.] 

ARTICLE V. 

ELECTIVE FRANCHISE. 

Sec. i. Every white male citizen of the United States, of the age 
of twenty-one years, who shall have been a resident of the state one 
year next preceding the election, and of the county, township, or ward, 
in which he resides, such time as may be provided by law, shall have the 
qualifications of an elector, and be entitled to vote at all elections. 

Sec. 2. All elections shall be by ballot. 

Sec. 3. Electors, during their attendance at elections, and in going 
to, and returning therefrom, shall be privileged from arrest, in all cases, 
except treason, felony, and breach of the- peace. 

Sec. 4. The General Assembly shall have power to exclude from 
the privilege of voting, or of being eligible to office, any person convicted 
of bribery, perjury, or other infamous crime. 

Sec. 5. No person in the military, naval, or marine service of the 
United States, shall, by being stationed in any garrison, or military, or 
naval station, within the state, be considered a resident of this state. 

Sec. 6. No idiot, or insane person, shall be entitled to the privileges 
of an elector. 

Sec. 7. All nominations for elective state, district, county and 
municipal offices shall be made at direct primary elections or by a petition 
as provided by law, and provision shall be made by law for a preferen¬ 
tial vote for United States senator; but direct primaries shall not be held 
for the nomination of township officers or for the officers of municipali¬ 
ties of less than two thousand population, unless petitioned for by a 
majority of the electors of such township or municipality. All delegates 
from this state to the national conventions of political parties shall be 
chosen by direct vote of the electors. Each candidate for such delegate 


CONSTITUTION OF THE STATE OF OHIO. 


2 9 


ARTICLE VI — ARTICLE VII. 

shall state his first and second choices for the presidency, which prefer¬ 
ences shall be printed upon the primary ballot below the name of such 
candidate, but the name of no candidate for the presidency shall be so 
used without his written authority. (Adopted Sept. 3, 1912.) 

ARTICLE VI. 

EDUCATION. 

Sec. i. The principal of all funds, arising from the sale, or other 
disposition of lands, or other property, granted or entrusted to this state 
for educational and religious purposes, shall forever be preserved invio¬ 
late, and undiminished; and, the income arising therefrom, shall be faith¬ 
fully applied to the specific objects of the original grants, or appropria¬ 
tions. 

Sec. 2. The General Assembly shall make such provisions, by 
taxation, or otherwise, as, with the income arising from the school trust 
fund, will secure a thorough and efficient system of common schools 
throughout the state; but no religious or other sect, or sects, shall ever 
have any exclusive right to, or control of, any part of the school funds 
of this state. 

Sec. 3. Provision shall be made by law for the> organization, 
administration and control of the public school system of the state sup¬ 
ported by public funds: provided, that each school district embraced 
wholly or in part within any city shall have the power by referendum 
vote to determine for itself the number of members and the organization 
of the district board of education, and provision shall be made by law 
for the exercise of this power by such school districts. (Adopted Sept. 
3> 1912.) 

Sec. 4. A superintendent of public instruction to replace the state 
commissioner of common schools, shall be included as one of the officers 
of the executive department to be appointed by the governor, for the 
term of four years, with the powers and duties now exercised by the 
state commissioner of common schools until otherwise provided by law, 
and with such other powers as may be provided by law. (Adopted Sept. 

3, I 9 12 -) 


ARTICLE VII. 

1 

PUBLIC INSTITUTIONS. 

Sec. i. Institutions for the benefit of the insane, blind and deaf 
an<J dumb, shall always be fostered and supported by the state; and 
be subject to such regulations as may be prescribed by the General 
Assembly. 


30 


CONSTITUTION OF THE STATE OF OHIO. 


ARTICLE VIII. 

Sec. 2. The directors of the penitentiary shall be appointed or 
elected in such manner as the General Assembly may direct; and the 
trustees of the benevolent, and other state institutions, now elected by the 
General Assembly, and of such other state institutions, as may be 
hereafter created, shall be appointed by the governor by and with the 
advice and consent of the senate; and upon all nominations made by 
the governor, the question shall be taken by yeas and nays, and entered 
upon the journals of the senate. 

Sec. 3. The governor shall have power to fill all vacancies that may 
occur in the offices aforesaid, until the next session of the General 
Assembly, and, until a successor to his appointee shall be confirmed and 
qualified. 


ARTICLE VIII. 

PUBLIC DEBT AND PUBLIC WORKS. 

Sec. i. The state may contract debts to supply casual deficits or 
failures in revenues, or to meet expenses not otherwise provided for; 
but the aggregate amount of such debts, direct and contingent, whether 
contracted by virtue of one or more acts of the General Assembly, or at 
different periods of time, shall never exceed seven hundred and fifty 
thousand dollars; and the money, arising from the creation of such debts, 
shall be applied to the purpose fcr which it was obtained, or to repay 
the debts contracted, and to no other purpose whatever. 

Sec. 2. In addition to the above limited power, the state may con¬ 
tract debts to repel invasion, suppress insurrection, defend the state in 
war, or to redeem the present outstanding indebtedness of the state; but 
the money, arising from the contracting of such debts, shall be applied 
to the purpose for which it was raised, or to repay such debts, and to no 
other purpose whatever; and all debts, incurred to redeem the present 
outstanding indebtedness of the state, shall be so contracted as to be pay¬ 
able by the sinking fund, hereinafter provided for, as the same shall 
accumulate. 

Sec. 3. Except the debts above specified in section one and two of 
this article, no debt whatever shall hereafter be created by or on behalf 
of the state. 

Sec. 4. The credit of the state shall not, in any manner be given 
or loaned to, or in aid of, any individual association or corporation what¬ 
ever; nor shall the state ever hereafter become a joint owner, or stock¬ 
holder, in any company or association in this state, or elsewhere, formed 
for any purpose whatever. 

Sec. 5. The state shall never assume the debts of any county, city, 
town, or township, or of any corporation whatever, unless such debts 



CONSTITUTION OF THE STATE OF OHIO. 


31 


ARTICLE VIII. 

shall have been created to repel invasion, suppress insurrection, or de¬ 
fend the state in war. 

Sec. 6. No laws shall be passed authorizing any county, city, town 
or township, by vote of its citizens, or otherwise, to become a stock¬ 
holder in any joint stock company, corporation, or association whatever; 
or to raise money for, or to loan its credit to, or in aid of, any such 
company, corporation, or association: provided, that nothing in this section 
shall prevent the insuring of public buildings or property in mutual in¬ 
surance associations or companies. Laws may be passed providing for 
the regulation of all rates charged or to be charged by any insurance 
company, corporation or association organized under the laws of this 
state or doing any insurance business in this state for profit. (Adopted 
Sept. 3, 1912.) 

Sec. 7. The faith of the state being pledged for the payment of 
its public debt, in order to provide therefor, there shall be created a 
sinking fund, which shall be sufficient to pay the accruing interest on such 
debt, and, annually, to reduce the principal thereof, by a sum not less 
than one hundred thousand dollars, increased yearly, and each and 
every year, by compounding, at the rate of six per cent, per annum. The 
said sinking fund shall consist, of the net annual income of the public 
works and stocks owned by the state, or of any other funds or resources 
that are, or may be, provided by law, and of such further sum, to be 
raised by taxation, as may be required for the purposes aforesaid. 

Sec. 8. The auditor of state, secretary of state, and attorney gen¬ 
eral, are hereby created a board of commissioners, to be styled, “The 
Commissioners of the Sinking Fund.” 

Sec. 9. The commissioners of the sinking fund shall, immediately 
preceding each regular session of the General Assembly, make an esti¬ 
mate Of the probable amount of the fund, provided for in the seventh 
section of this article, from all sources except from taxation, and report 
the same, together with all their proceedings relative to said fund and the 
public debt, to the governor, who shall transmit the same with his reg¬ 
ular message, to the General Assembly; and the General Assembly shall 
make all necessary provision for raising and disbursing said sinking 
fund, in pursuance of the provisions of this article. 

Sec. 10. It shall be the duty of the said commissioners faithfully to 
apply said fund, together with all moneys that may be, by the General 
Assembly, appropriated to that object, to the payment of the interest, as 
it becomes due, and the redemption of the principal of the public debt of 
the state, excepting only, the school and trust funds held by the state. 

Sec. 11. The said commissioners shall, semi-annually, make a full 
and detailed report of their proceedings to the governor, who shah im¬ 
mediately, cause the same to be published, and shall also communicate 


32 


CONSTITUTION OF THE STATE OF OHIO. 


ARTICLE IX — ARTICLE X. 

the same to the General Assembly, forthwith, if it be in session, and if 
not, then at its first session after such report shall be made. 

4 

Sec. 12. So long as this state shall have public works which require 
superintendence, a superintendent of public works shall be appointed by 
the governor for the term of one year, with the powers and duties now 
exercised by the board of public works until otherwise provided by law, 
and with such other powers as may be provided by law. (Adopted Sept. 
3, 1912.) 

Sec. 13. (Repealed Sept. 3, 1912.) 

1 

ARTICLE IX. 

MILITIA. 

Sec. 1. All white male citizens, residents of this state, being 
eighteen years of age, and under the age of forty-five years, shall be 
enrolled in the militia, and perform military duty, in such manner, not 
incompatible with the constitution and laws of the United States, as may 
be prescribed by law. 

Sec. 2. Majors general, brigadiers general, colonels, lieutenant 
colonels, majors, captains, and subalterns, shall be elected by the persons 
subject to military duty, in their respective districts. 

Sec. 3. The governor shall appoint the adjutant general, quarter¬ 
master general, and such other staff officers, as may be provided for by 
law. Majors general, brigadiers general, colonels, or commandants of 
regiments, battalions, or squadrons, shall, severally, appoint their staff, 
.and captains shall appoint their non-commissioned officers and musicians. 

Sec. 4. The governor shall commission all officers of the line and 
staff, ranking as such; and shall have power to call forth the militia, 
to execute the laws of the state, to suppress insurrection, and repel 
invasion. 

Sec. 5. The General Assembly shall provide, by law, for the pro¬ 
tection and safekeeping of the public arms. 

ARTICLE X. 

i 

COUNTY AND TOWNSHIP ORGANIZATIONS. 

Sec. i. The General Assembly shall provide, by law, for the elec¬ 
tion of such county and township officers as may be necessary. 

Sec. 2. County officers shall be elected on the first Tuesday after 
the first Monday in November, by the electors of each county in such 


CONSTITUTION OF THE STATE OF OHIO. 


33 


ARTICLE XI. 

manner, and for such term, not exceeding three years, as may be pro¬ 
vided by law. [As amended October 13, 1885; 82 v. 446.] 

Sec. 3. No person shall be eligible to the office of sheriff, or county 
treasurer, for more than four years, in any period of six years. 

Sec. 4. Township officers shall be elected by the electors of each 
township, at such time, in such manner, and for such term, not exceed¬ 
ing three years, as may be provided by law; but shall hold their offices 
until their successors are elected and qualified. [As amended October 
13, 1885; 82 v. 449.] 

Sec. 5. No money shall be drawn from any county or township 
treasury, except by authority of law. 

Sec. 6. Justices of the peace, and county and township officers, 
may be removed, in such manner and for such cause, as shall be pre¬ 
scribed by law. 

Sec. 7. The commissioners of counties, the trustees of townships, 
and similar boards, shall have such power of local taxation, for police 
purposes, as may be prescribed by law. 

ARTICLE XI. 

APPORTIONMENT. 

Sec. 1. The apportionment of this state for members of the Gen¬ 
eral Assembly shall be made every ten years, after the year one thousand 
eight hundred and fifty-one, in the following manner: The whole popu¬ 
lation of the state, as ascertained by the federal census, or in such other 
mode as the General Assembly may direct, shall be divided by the num¬ 
ber “one hundred,” and the quotient shall be the ratio of representa¬ 
tion in the house of representatives, for ten years next preceding such 
apportionment. 

Sec. 2. Every county having a population equal to one-half of 
said ratio, shall be entitled to one representative; every county, con¬ 
taining said ratio, and three-fourths over, shall be entitled to two repre¬ 
sentatives ; every county containing three times said ratio, shall be en¬ 
titled to three representatives; and so on, requiring after the first two, 
an entire ratio for each additional representative. Provided, however, 
that each county shall have one representative. [As amended November 

3, I9°3-] , . 

Sec. 3. When any county shall have a fraction above the ratio, 

so large, that being multiplied by five, the result will be equal to one or 
more ratios, additional representatives shall be apportioned for such 
ratios, among the several sessions of the decennial period, in the follow¬ 
ing manner: If there be only one ratio, a representative shall be allotted 
to the fifth session of the decennial period; if there are two ratios, a 


34 


CONSTITUTION OF THE STATE OF OHIO. 


ARTICLE XI. 

representative shall be allotted to the fourth and third sessions, re¬ 
spectively; if three, to the third, second, and first sessions, respectively; 
if four, to the fourth, third, second, and first sessions respectively. 

Sec. 4. Any county, forming with another county or counties, a 
representative district, during one decennial period, if it have acquired 
sufficient population at the next decennial period, shall be entitled to a 
separate representation, if there shall be left, in the district from which 
it shall have been separated, a population sufficient for a representative; 
but no change shall be made, except at the regular decennial period 
for the apportionment of representatives. 

Sec. 5. If, in fixing any subsequent ratio, a county, previously 
entitled to separate representation, shall have less than the number re¬ 
quired by the new ratio for a representative, such county shall be at¬ 
tached to the county adjoining it, having the least number of inhabitants; 
and the representation of the district, so formed, shall be determined as 
herein provided. 

Sec. 6. The ration for a senator shall forever, hereafter, be ascer¬ 
tained by dividing the whole population of the state by the number 
thirty-five. 

Sec. 7. The state is hereby divided into thirty-three senatorial 
districts, as follows: The county of Hamilton shall constitute the first 
senatorial district; the counties of Butler and Warren, the second; 
Montgomery and Preble, the third; Clermont and Brown, the fourth; 
Greene, Clinton, and Fayette, the fifth; Ross and Highland, the sixth; 
Adams, Pike, Scioto, and Jackson, the seventh; Lawrence, Gallia, Meigs, 
and Vinton, the eighth; Athens, Hocking and Fairfield, the ninth; 
Franklin and Pickaway, the tenth; Clark, Champaign, and Madison, the 
eleventh; Miami, Darke, and Shelby, the twelfth; Logan, LTnion, Marion, 
and Hardin, the thirteenth; Washington and Morgan, the fourteenth; 
Muskingum and Perry, the fifteenth; Delaware and Licking, the six¬ 
teenth; Knox and Morrow the seventeenth; Coshocton and Tuscarawas, 
the eighteenth; Guernsey and Monroe, the nineteenth; Belmont and 
Harrison, the twentieth; Carroll and Stark, the twenty-first; Jefiferson 
and Columbiana, the twenty-second; Trumbull and Mahoning, the 
twenty-third; Ashtabula, Lake and Geauga, the twenty-fourth; Cuya¬ 
hoga, the twenty-fifth; Portage and Summit, the twenty-sixth; Medina 
and Lorain, the twenty-seventh; Wayne and Holmes, the twenty-eighth; 
Ashland and Richland, the twenty-ninth; Huron, Erie, Sandusky, and 
Ottawa, the thirtieth; Seneca, Crawford, and Wyandot, the thirty-first; 
Mercer, Auglaize, Allen, Van Wert, Paulding, Defiance, and Williams, 
the thirty-second, and Hancock, Wood, Lucas, Fulton, Henry, and Put¬ 
nam the thirty-third. For the first decennial period, after the adoption 
of this constitution, each of said districts shall be entitled to one senator, 
except the first district, which shall be entitled to three senators. 


CONSTITUTION OF THE STATE OF OHIO. . 35 

f 

ARTICLE XI. 

Sec. 8. The same rules shall be applied, in apportioning the frac¬ 
tions of senatorial districts, and in annexing districts, which may here¬ 
after have less than three-fourths of a senatorial ratio, as are applied to 
representative districts. 

Sec. 9. Any county forming part of a senatorial district, having 
acquired a population equal to a full senatorial ratio, shall be made a 
separate senatorial district, at any regular decennial apportionment, if 
a full senatorial ratio shall be left in the district from which it shall be 
taken. 

Sec. 10. For the first ten years, after the year one thousand eight 
hundred and fifty-one, the apportionment of representatives shall be as 
provided in the schedule, and no change shall ever be made in the prin¬ 
ciples of representation, as herein established, or, in the senatorial dis¬ 
tricts, except as above provided. All territory, belonging to a county at 
the time of any apportionment, shall, as to the right of representation 
and suffrage, remain an integral part thereof, during the decennial period. 

Sec. 11. The governor, auditor, and secretary of state, or any two 
of them, shall at least six months prior to the October election, in the 
year one thousand eight hundred and sixty-one, and, at each decennial 
period, thereafter, ascertain and determine the ratio- of representation, 
according to the decennial census, the number of representatives and 
senators each county or district shall be entitled to elect, and for what 
years, within the next ensuing ten years, and the governor shall cause 
the same to be published, in such manner as shall be directed by law. 

JUDICIAL APPOINTMENT. 

Sec. 12. For judicial purposes, the state shall be apportioned as 
follows: 

The county of Hamilton shall constitute the first district, which shall 
not be subdivided; and the judges therein, may hold separate courts or 
separate sittings of the same court, at the same time. 

The counties of Butler, Preble and Darke shall constitute the first 
subdivision; Montgomery, Miami and Champaign, the second; and 
Warren, Clinton, Greene, and Clark, the third subdivision, of the second 
district; and, together, shall form such district. 

The counties of Shelby, Auglaize, Allen, Hardin, Logan, Union, and 
Marion, shall constitute the first subdivision; Mercer, Van Wert, Put¬ 
nam, Paulding, Defiance, Williams, Henry, and Fulton, the second; and 
Wood, Seneca, Hancock, Wyandot, and Crawford, the third subdivision 
of the third district; and, together, shall form such district. 

The counties of Lucas, Ottawa, Sandusky, Erie and Hudson, shall 
constitute the first subdivision; Lorain, Medina, and Summit, the second; 
and the county of Cuyahoga, the third subdivision, of the fourth district; 
and together, shall form such district. 


CONSTITUTION OF THE STATE OF OHIO. 



ARTICLE XII. 

The counties of Clermont, Brown, and Adams, shall constitute the 
first subdivision; Highland, Ross, and Fayette, the second; and Pickaway, 
Franklin, and Madison, the third subdivision, of the fifth district; and, 
together, shall form such district. 

The counties of Licking, Knox, and Delaware, shall constitute 
the first subdivision; Morrow, Richland, and Ashland, the second; and 
Wayne, Holmes, and Coshocton, the third subdivision, of the sixth dis¬ 
trict ; and together, shall form such district. 

The counties of Fairfield, Perry, and Hocking shall constitute the 
first subdivision; Jackson, Vinton, Pike, Scioto, and Lawrence, the sec¬ 
ond; and Gallia, Meigs, Athens, and Washington, the third subdivision 
of the seventh district; and, together shall form such district. 

The counties of Muskingum, and Morgan, shall constitute the first 
subdivision; Guernsey, Belmont, and Monroe, the second; and Jefferson, 
Harrison, and Tuscarawas, the third subdivision, of the eighth district; 
and, together, shall form such district. 

The counties of Stark, Carroll, and Columbiana, shall constitute the 
first subdivision; Trumbull, Portage, and Mahoning,. the second; and 
Geauga, Lake, and Ashtabula, the third subdivision, of the ninth district; 
and, together, shall form such district. 

Sec. 13. The General Assembly shall attach any new counties, that 
may hereafter be erected, to such districts, or subdivisions thereof, as 
shall be most convenient. 


ARTICLE XII. 

FINANCE AND TAXATION. 

Sec. i. No poll tax shall ever be levied in this state, or service 
required, which may be commuted in money or other thing of value. 
(Adopted Sept. 3, 1912.) 

Sec. 2. Laws shall be passed, taxing by a uniform rule, all moneys, 
credits, investments in bonds, stocks, joint stock companies, or otherwise, 
and also all real and personal property according to its true value in 
money, excepting all bonds outstanding on the first day of January, 1913, 
of the state of Ohio or of any city, village, hamlet, county, or township 
in this state or which have been issued in behalf of the public schools in 
Ohio and by the means of instruction in connection therewith, which 
bonds outstanding on the first day of January, 1913, shall be exempt 
from taxation but burying grounds, public school houses, houses used 
exclusively for public worship; institutions used exclusively for charit¬ 
able purposes, public property used exclusively for any public purpose, 
and personal property, to an amount not exceeding in value five hun- 


CONSTITUTION OF THE STATE OF OHIO. 


37 


dred dollars, for each individual, may, by general laws, be exempted from 
taxation; and laws may be passed to provide against the double taxation 
that results from the taxation of both the real estate and the mortgage 
or the debt secured thereby, or other lien upon it, but all such laws shall 
be subject to alteration or repeal; and the value of all property, so ex¬ 
empted, shall, from time to time, be ascertained and published as may 
be directed by law. (Adopted Nov. 5, 1918.) 

Sec. 3. The General Assembly shall provide, by law, for taxing the 
notes and bills discounted or purchased, moneys loaned, and all other 
property, effects, or dues, of every description, (without deduction), 
of all banks now existing, or hereafter created, and of all bankers, so 
that all property employed in banking, shall always bear a burden of 
taxation, equal to that imposed on the property of individuals. 

Sec. 4. The General Assembly shall provide for raising revenue, 
sufficient to defray the expenses of the state, for each year, and also a 
sufficient sum to pay the interest on the state debt. 

Sec. 5. No tax shall be levied, except in pursuance of law; and 
every law imposing a tax, shall state, distinctly, the object of the same, 
to which only, it shall be applied. 

Sec. 6. Except as otherwise provided in this constitution the state 
shall never contract any debt for purposes of internal improvement. 
(Adopted Sept. 3, 1912.) 

Sec. 7. Laws may be passed providing for the taxation of the 
right to receive, or to succeed to, estates, and such taxation may be 
uniform or it may be so graduated as to tax at a higher rate the right 
to receive, or to succeed to, estates of larger value than to estates of 
smaller value. Such tax may also be levied at different rates upon 
collateral and direct inheritances, and a portion of each estate not ex¬ 
ceeding twenty thousand dollars may be exempt from such taxation. 
(Adopted Sept. 3, 1912.) 

Sec. 8. Laws may be passed providing for the taxation of incomes, 
and such taxation may be either uniform or graduated, and may be 
applied to such incomes as may be designated by law; but a part of each 
annual income not exceeding three thousand dollars may be exempt from 
such taxation. (Adopted Sept. 3, 1912.) 

Sec. 9. Not less than fifty per centum of the income and inheritance 
taxes that may be collected by the state shall be returned to the city, 
village or township in which said income and inheritance tax originate. 
(Adopted Sept. 3, 1912.) 

Sec. 10. Laws may be passed providing for excise and franchise 
taxes and for the imposition of taxes upon the production of coal, oil, 
gas and other minerals. (Adopted Sept. 3, 1912.) 




CONSTITUTION OF THE STATE OF OHIO. 

ARTICLE XIII. 


I 


Sec. ii. No bonded indebtedness of the state, or any political sub¬ 
divisions thereof, shall be incurred or renewed, unless, in the legislation 
under which such indebtedness is incurred or renewed, provision is made 
for levying and collecting annually by taxation an amount sufficient to 
pay the interest on said bonds, and to provide a sinking fund for their 
final redemption at maturity. (Adopted Sept. 3, 1912.) 


ARTICLE XIII. 

CORPORATIONS. 

Sec. i. The General Assembly shall pass no special act conferring 
corporate powers. 

Sec. 2. Corporations may be formed under general laws; but all 
such laws may, from time to time, be altered or repealed. Corporations 
may be classified and there may be conferred upon proper boards, com¬ 
missions or officers, such supervisory and regulatory powers over their 
organization, business and issue and sale of stocks and securities, and 
over the business, and sale of the stocks and securities of foreign cor¬ 
porations and joint stock companies in this state, as may be prescribed 
by law. Laws may be passed regulating the sale and conveyance of other 
personal property, whether owned by a corporation, joint stock company 
or individual. (Adopted Sept. 3, 1912.) 

Sec. 3. Dues from private corporations shall be secured by such 
means as may be prescribed by law, but in no case shall any stockholder 
be individually liable otherwise than for the unpaid stock owned by him 
or her; except that stockholders of corporations authorized to receive 
money on deposit shall be held individually responsible, equally and 
ratably, and not one for another, for all contracts, debts, and engagements 
of such corporations, to the extent of the amount of their stock therein, 
at the par value thereof, in addition to the amount invested in such 
shares. No corporation not organized under the laws of this state, or 
of the United States, or person, partnership or association shall use the 
word “bank,” “banker” or “banking,” or words of similar meaning in 
any foreign language, as a designation or name under which business 
may be conducted in this state unless such corporation, person, partner¬ 
ship or association shall submit to inspection, examination and regula¬ 
tion as may hereafter be provided by the laws of this state. (Adopted 
Sept. 3, 1912.) 

Sec. 4. The property of corporations, now existing or hereafter 
created, shall forever be subject to taxation, the same as the property of 
individuals. 


CONSTITUTION OF THE STATE OF OHIO. 


39 


ARTICLE XIV-ARTICLE XV. 

Sec 5. No right of way shall be appropriated to the use of any 
corporation, until full compensation therefor be first made in money, or 
first secured by a deposit of money, to the owner, irrespective of any 
benefit from any improvement proposed by such corporation; which com¬ 
pensation shall be ascertained by a jury of twelve men, in a court of 
record, as shall be prescribed by law. 

Sec. 6. 1 he General Assembly shall provide for the organization 

of cities, and incorporated villages, by general laws, and restrict their 
power of taxation, assessment, borrowing money, contracting debts and 
loaning their credit, so as to prevent the abuse of such power. 

Sec. 7. No act of the General Assembly, authorizing associations 
with banking powers, shall take effect until it shall be submitted to the 
people, at the general election next succeeding the passage thereof, and 
be approved by a majority of all the electors, voting at such election. 


ARTICLE XIV. 

JURISPRUDENCE. 

Sec. i. The General Assembly, at its first session after the adop¬ 
tion of this constitution, shall provide for the appointment of three com¬ 
missioners, and prescribe their tenure of office, compensation, and the 
mode of filling vacancies in said commission. 

Sec. 2. The said commissioners shall revise, reform, simplify, and 
abridge the practice, pleadings, forms, and proceedings of the courts of 
record of this state; and, as far as practicable and expedient, shall pro¬ 
vide for the abolition of the distinct forms of action at law, now in use, 
and for the administration of justice by a uniform mode of proceeding 
without reference to any distinction between law and equity. 

Sec. 3. The proceedings of the commissioners shall, from time to 
time, be reported to the General Assembly, and be subject to the action 
of that body. 

ARTICLE XV. 

MISCELLANEOUS. 

Sec. 1. Columbus shall be the seat of government, until otherwise 
directed by law. 

Sec. 2. The printing of the laws, journals, bills, legislative docu¬ 
ments and papers for each branch of the general assembly, with the print- ' 
ing required for the executive and other departments of state, shall be 
let, on contract, to the lowest responsible bidder, or done directly by the 


40 CONSTITUTION OF THE STATE OF OHIO. 

ARTICLE XVI. 

state in such manner as shall be prescribed by law. All stationery and 
supplies shall be purchased as may be provided by law. (Adopted Sept. 
3 . 1912-) 

Sec. 3. An accurate and detailed statement of the receipts and ex¬ 
penditures of the public money, the several amounts paid, to whom, and 
on what account, shall, from time to time, be published, as shall be pre¬ 
scribed by law. 

Sec. 4. No person shall be elected or appointed to any office in this 
state unless possessed of the qualifications of an elector; provided that 
women who are citizens may be appointed as members of boards of, or 
to positions in, those departments and institutions established by the 
state or any political subdivision thereof involving the interests or care 
of women or children or both. (Adopted Nov. 4, 1913. 103 v. 992.) 

Sec. 5. No person who shall hereafter fight a duel, assist in the 
same as second, or send, accept, or knowingly carry, a challenge therefor, 
shall hold any office in this state. 

Sec. 6. Lotteries, and the sale of lottery tickets, for any purpose 
whatever, shall forever be prohibited in this state. 

Sec. 7. Every person chosen or appointed to any office under this 
state, before entering upon the discharge of its duties, shall take an oath 
or affirmation, to support the Constitution of the United States, and of 
this state, and also an oath of office. 

Sec. 8. There may be established, in the secretary of state’s office, 
a bureau of statistics, under such regulations as may be prescribed by law. 

Sec. 9. The sale and manufacture for sale of intoxicating liquors 
as a beverage are hereby prohibited. The General Assembly shall enact 
laws to make this provision effective. Nothing herein contained shall 
prevent the manufacture or sale of such liquors for medicinal, industrial, 
scientific, sacramental, or other non-beverage purposes. (Adopted Nov. 
5,1918.) 

Sec. 10. Appointments and promotions in the civil service of the 
state, the several counties and cities, shall be made according to merit 
and fitness, to be ascertained, as far as practicable, by competitive ex¬ 
aminations. Laws shall be passed providing for the enforcement of this 
provision. (Adopted Sept. 3, 1912.) 

ARTICLE XVI. 

AMENDMENTS. 

Sec. i. Either branch of the general assembly may propose 
amendments to this constitution; and, if the same shall be agreed to by 
three-fifths of the members elected to each house, such proposed amend- 


CONSTITUTION OF THE STATE OF OHIO. 


41 


ARTICLE XVII. 

merits shall be entered on the journals, with the yeas and nays, and shall 
be submitted to the electors, for their approval or rejection, on a separate 
ballot without party designation of any kind, at either a special or a 
general election as the general assembly may prescribe. Such proposed 
amendments shall be published once a week for five consecutive weeks 
preceding such election, in at least one newspaper in each county of the 
state, where a newspaper is published. If the majority of the electors 
voting on the same shall adopt such amendments the same shall become 
a part of the constitution. When more than one amendment shall be 
submitted at the same time, they shall be so submitted as to enable the 
electors to vote on each amendment, separately. (Adopted Sept. 3, 1912.) 

Sec. 2. Whenever two-thirds of the members elected to each 
branch of the general assembly shall think it necessary to call a con¬ 
vention, to revise, amend, or change this constitution, they shall recom¬ 
mend to the electors to vote on a separate ballot without party designation 
of any kind at the next election for members to the general assembly, 
for or against a convention; and if a majority of all the electors, voting 
for and against the calling of a convention, shall have voted for a con¬ 
vention the general assembly shall, at their next session, provide, by law, 
for calling the same. Candidates for members of the constitutional con¬ 
vention shall be nominated by nominating petitions only and shall be 
voted for upon one independent and separate ballot without any emblem 
or party designation whatever. The convention shall consist of as many 
members as the house of representatives, who shall be chosen as pro¬ 
vided by law, and shall meet within three months after their election, 
for the purpose, aforesaid. (Adopted Sept. 3, 1912.) 

Sec. 3. At the general election to be held in the year one thousand 
nine hundred and thirty-two, and in each twentieth year thereafter, the 
question: “Shall there be a convention to revise, alter, or amend the 
constitution,” shall be submitted to the electors of the state; and in 
case a majority of the electors, voting for and against the calling of a 
convention, shall decide in favor of a convention, the general assembly, 
at its next session, shall provide, by law, for the election of delegates, 
and the assembling of such convention, as is provided in the preceding 
section; but no amendment of this constitution, agreed upon by any con¬ 
vention assembled in pursuance of this article, shall take efifect, until 
the same shall have been submitted to the electors of the state, and 
adopted by a majority of those voting thereon. (Adopted Sept. 3, 1912.) 

ARTICLE XVII. 

ELECTIONS. 

Sec. i. Elections for state and county officers shall be held on the 
first Tuesday after the first Monday in November in the even num- 


4-2 


CONSTITUTION OF THE STATE OF OHIO. 


ARTICLE XVIII. 

bered years; and all elections for all other elective officers shall be held 
on the first Tuesday after the first Monday in November in the odd 
numbered years. 

Sec. 2. The term of office of the governor, lieutenant governor, 
attorney general, secretary of state and treasurer of state shall be two 
years, and that of the auditor of state shall be four years. The term of 
office of the judges of the supreme court and circuit courts shall be such 
even number of years not less than six (6) years as may be prescribed by 
the General Assembly; that of the judges of the common pleas court six 
(6) years, and of the judges of the probate court, four (4) years, and 
that of other judges shall be such even number of years, not exceeding 
six (6) years as may be prescribed by the General Assembly. The term 
of office of justices of the peace shall be such even number of years not 
exceeding four (4) years as may be prescribed by the General Assembly. 
The term of office of the. members of the board of public works shall be 
such even number of years not exceeding six (6) years as may be so 
prescribed; and the term of office of all elective county, township, mu¬ 
nicipal and school officers shall be such even number of years not ex¬ 
ceeding four (4) years as may be so prescribed. 

And the General Assembly shall have power to so extend existing 
terms of office as to effect the purpose of section 1 of this article. 

Any vacancy which shall occur in any elective state office other than 
that of a member of the General Assembly or of governor, shall be filled 
by appointment by the governor until the disability is removed or a suc¬ 
cessor elected and qualified. Every such vacancy shall be filled by elec¬ 
tion at the first general election for the office which is vacant, that occurs 
more than thirty (30) days after the vacancy shall have occurred. The 
person elected shall fill the office for the unexpired term. All vacancies 
in other elective offices shall be filled for the unexpired term in such 
manner as may be prescribed by law. 

Sec. 3. Every elective officer holding office when this amendment 
is adopted shall continue to hold such office for the full term for which 
he was elected and until his successor shall be elected and qualified, as 
provided by law. (As adopted November 7, 1905.) 

ARTICLE XVIII. 

MUNICIPAL CORPPORATIONS. 

Sec. i. Municipal corporations are hereby classified into cities and 
villages. All such corporations having a population of five thousand 
or over shall be cities; all others shall be villages. The method of 
transition from one class to the other shall be regulated by law. (Adopted 
Sept. 3, 1912.) 


CONSTITUTION OF THE STATE OF OHIO. 


43 


ARTICLE XVIII. 

Sec. 2. General laws shall be passed to provide for the incorpora¬ 
tion and government of cities and villages; and additional laws may 
also be passed for the government of municipalities adopting the same; 
but no such additional law shall become operative in any municipality 
until it shall have been submitted to the electors thereof, and affirmed 
by a majority of those voting thereon, under regulations to be established 
by law. (Adopted Sept. 3, 1912.) 

Sec. 3. Municipalities shall have authority to exercise all powers 
of local self-government and to adopt and enforce within their limits 
such local police, sanitary and other similar regulations, as are not in 
conflict with general laws. (Adopted Sept. 3, 1912.) 

Sec. 4. Any municipality may acquire, construct, own, lease and 
operate within or without its corporate limits, any public utility the 
products or service of which is or is to be.supplied to the municipality or 

its inhabitants, and may contract with others for any such product or 

*.» 

service. The acquisition of any such public utility may be by con¬ 
demnation or otherwise, and a municipality may acquire thereby the use 
of, or full title to, the property and franchise of any company or person 
supplying to the municipality or its inhabitants the service or product of 
any such utility. (Adopted Sept. 3, 1912.) 

Sec. 5. Any municipality proceeding to acquire, construct, own, 
lease or operate a public utility, or to contract with any person or company 
therefor, shall act by ordinance and no such ordinance shall take effect 
until after thirty days from its passage. If within said thirty days a 
petition signed by ten per centum of the electors of the municipality shall 
be filed with the executive authority thereof demanding a referendum 
on such ordinance it shall not take effect until submitted to the electors 
and approved by a majority of those voting thereon. The submission of 
any such question shall be governed by all the provisions of section 8 of 
this article as to the submission of the question of choosing a charter 
commission. (Adopted Sept. 3, 1912.) 

Sec. 6. Any municipality, owning or operating a public utility for 
the purpose of supplying the service or product thereof to the municipality 
or its inhabitants, may also sell and deliver to others any transportation 
service of such utility and the surplus product of any other utility in an 
amount not exceeding in either case fifty per centum of the total service 
or product supplied by such utility within the municipality. (Adopted 
Sept. 3, 1912.) 

Sec. 7. Any municipality may frame and adopt or amend a charter 
for its government and may, subject to the provisions of section 3 of 
this article, exercise thereunder all powers of local self-government. 
(Adopted Sept. 3, 1912.) 

Sec. 8. The legislative authority of any city or village may by a 
two-thirds vote of its members, and upon petition of ten per centum 


44 


CONSTITUTION OF THE STATE OF OHIO. 


ARTICLE XVIII. 

of the electors shall forthwith, provide by ordinance for the submission 
to the electors, of the question, “Shall a commission be chosen to frame 
a charter.” The ordinance providing for the submission of such ques¬ 
tion shall require that it be submitted to the electors at the next regular 
municipal election if one shall occur not less than sixty days nor more 
than one hundred and twenty days after its passage; otherwise it shall 
provide for the submission of the question at a special election to be called 
and held within the time aforesaid. The ballot containing such question 
shall bear no party designation, and provision shall be made thereon for 
the election from the municipality at large of fifteen electors who shall 
constitute a commission to frame a charter; provided that a majority of 
the electors voting on such question shall have voted in the affirmative. 
Any charter so framed shall be submitted to the electors of the munici¬ 
pality at an election to be held at a time fixed by the charter commis¬ 
sion and within one year from the date of its election, provision for 
which shall be made by the legislative authority of the municipality in 
so far as not prescribed by general law. Not less than thirty days prior 
to such election the clerk of the municipality shall mail a copy of the 
proposed charter to each elector whose name appears upon the poll or 
registration books of the last regular or general election held therein. 
If such proposed charter is approved by a majority of the electors vot¬ 
ing thereon it shall become the charter of such municipality at the time 
fixed therein. (Adopted Sept. 3, 1912.) 

Sec. 9. Amendments to any charter framed and adopted as herein 
provided may be submitted to the electors of a municipality by a two- 
thirds vote of the legislative authority thereof, and, upon petitions 
signed by ten per centum of the electors of the municipality setting forth 
any such proposed amendment, shall be submitted by such legislative 
authority. The submission of proposed amendments to the electors 
shall be governed by the requirements of section 8 as to the submission 
of the question of choosing a charter commission; and copies of pro¬ 
posed amendments shall be mailed to the electors as hereinbefore pro¬ 
vided for copies of a proposed charter. If any such amendment is 
approved by a majority of the electors voting thereon, it shall become a 
part of the charter of the municipality. A copy of said charter or any 
amendment thereto shall be certified to the secretary of state, within 
thirty days after adoption by a referendum vote. (Adopted Sept. 3, 
1912.) 

Sec. 10. A municipality appropriating or otherwise acquiring prop¬ 
erty for public use may in furtherance of such public use appropriate 
or acquire an excess over that actually to be occupied by the improve¬ 
ment, and may sell such excess with such restrictions as shall be appro¬ 
priate to preserve the improvement made. Bonds may be issued to sup¬ 
ply the funds in whole or in part to pay for the excess property so 


CONSTITUTION OF THE STATE OF OHIO. 


45 


ARTICLE XVIII. 

appropriated or otherwise acquired, but said bonds shall be a lien only 
against the property so acquired for the improvement and excess, and 
they shall not be a liability of the municipality nor be included in any 
limitation of the bonded indebtedness of such municipality prescribed by 
law. (Adopted Sept. 3, 1912.) 

Sec. 11. Any municipality appropriating private property for a 
public improvement may provide money therefor in part by assess¬ 
ments upon benefited property not in excess of the special benefits con¬ 
ferred upon such property by the improvements. Said assessments, 
however, upon all the abutting, adjacent, and other property in the dis¬ 
trict benefited shall in no case be levied for more than fifty per centum 
of the cost of such appropriation. (Adopted Sept. 3, 1912.) 

Sec. 12. Any municipality which acquires, constructs or extends 
any public utility and desires to raise money for such purposes may issue 
mortgage bonds therefor beyond the general limit of bonded indebted¬ 
ness prescribed by law; provided that such mortgage bonds issued be¬ 
yond the general limit of bonded indebtedness prescribed by law shall 
not impose any liability upon such municipality but shall be secured only 
upon the property and revenues of such public utility, including a fran¬ 
chise stating the terms upon which, in case of foreclosure, the purchaser 
may operate the same, which franchise shall in no case extend for a 
longer period than twenty years from the date of the sale of such utility 
and franchise on foreclosure. (Adopted Sept. 3, 1912.) 

Sec. 13. Laws may be passed to limit the power of municipalities 
to levy taxes and incur debts for local purposes, and may require reports 
from municipalities as to their financial condition and transactions, in 
such form as may be provided by law, and may provide for the exam¬ 
ination of the vouchers, books, and accounts of all municipal authori¬ 
ties, or of public undertakings conducted by such authorities. (Adopted 
Sept. 3, 1912.) 

Sec. 14. All elections and submissions of questions provided for 
in this article shall be conducted by the election authorities prescribed by 
general law. The percentage of electors -required to sign any petition 
provided for herein shall be based upon the total vote cast at the last 
preceding general municipal election. (Adopted Sept. 3, 1912.) 

SCHEDULE TO CONSTITUTION OF 1851. 

Sec. 1. All laws of this state, in force on the first day of Septem¬ 
ber, one thousand eight hundred and fifty-one not inconsistent with this 
constitution, shall continue in force, until amended, or repealed. 

Sec. 2. The first election for members of the General Assembly, 
under this constitution, shall be held on the second Tuesday of October, 
one thousand eight hundred and fifty-one. 


46 


CONSTITUTION OF THE STATE OF OHIO. 


ARTICLE XVIII. 

Sec. 3. The first election for governor, lieutenant governor, auditor, 
treasurer, and secretary of state and attorney general, shall be held on 
the second Tuesday of October, one thousand eight hundred and fifty- 
one. The persons, holding said offices on the first day of September, 
one thousand eight hundred and fifty-one, shall continue therein, until 
the second Monday of January, one thousand eight hundred and fifty- 
two. 

Sec. 4. The first election for judges of the supreme court, courts 
of common pleas, and probate courts, and clerks of the court of com¬ 
mon pleas, shall be held on the second Tuesday of October, one thou¬ 
sand eight hundred and fifty-one, and the official term of said judges and 

• 

clerks, so elected, shall commence on the second Monday of February, 
one thousand eight hundred and fifty-two. Judges and clerks of the 
courts of common pleas and supreme court, in office on the first day of 
September, one thousand eight hundred and fifty-one, shall continue in 
office with their present powers and duties, until the second Monday of 
February, one thousand eight hundred and fifty-two. No suit or pro¬ 
ceeding pending in any of the courts of this state, shall be affected by 
the adoption of this constitution. 

Sec. 5. The register and receiver of the land office, directors of 
the penitentiary, directors of the benevolent institutions of the state, the 
state librarian, in office on the first day of September, one thousand eight 
hundred and fifty-one, shall continue in office until their terms expire, 
respectively, unless the General Assembly shall otherwise provide. * 

Sec. 6. The superior and commercial courts of Cincinnati, and 
the superior court of Cleveland, shall remain, until otherwise provided 
by law, with their present powers and jurisdiction; and the judges and 
clerks of said courts, in office on the first day of September, one thou¬ 
sand eight hundred and fifty-one shall continue in office, until the ex¬ 
piration of their terms of office, respectively, or, until otherwise pro¬ 
vided by law; but neither of said courts shall continue after the second 
Monday in February, one thousand eight hundred and fifty-three; and 
no suits shall be commenced' in said two first mentioned courts, after 
the second Monday in February, one. thousand eight hundred and fifty- 
two ; nor in said last mentioned court, after the second Monday in 
August, one thousand eight hundred and fifty-two; and all business in 
either of said courts, not disposed of within the time limited for their 
continuance as aforesaid, shall be transferred to the court of common 
pleas. 

Sec. 7. All county and township officers and justices of the peace, 
in office on the first day of September, one thousand eight hundred and 
fifty-one, shall continue in office until their terms expire, respectively. 

Sec. 8 . Vacanacies in office, occurring after the first day of Sep¬ 
tember, one thousand eight hundred and fifty-one, shall be filled, as is 


CONSTITUTION OF THE STATE OF OHIO. 


47 


ARTICLE XVIII. 

t 

now prescribed by law, and until officers are elected or appointed, and 
qualified, under this constitution. 

Sec. 9. This constitution shall take effect on the first day of Sep¬ 
tember, one thousand eight hundred and fifty-one. 

Sec. 10. All officers shall continue in office, until their successors 
shall be chosen and qualified. 

Sec. 11. Suits pending in the supreme court in bank, shall be trans¬ 
ferred to the supreme court provided for in this constitution, and be 
proceeded in according to law. 

Sec. 12. The district courts shall, in their respective counties be 
the successors of the present supreme court; and all suits, prosecu¬ 
tions, judgments, records, and proceedings, pending and remaining in 
said supreme court, in the several counties of any district, shall be 
transferred to the respective district courts of such counties, and be 
proceeded in, as though no change had been made in said supreme court. 

Sec. 13. The said courts of common pleas, shall be the successors 
of the present courts of common pleas in the several counties, except 
as to probate jurisdiction; and all suits, prosecutions, proceedings, rec¬ 
ords and judgments, pending or being in said last mentioned courts, 
except as aforesaid, shall be transferred to the courts of common pleas 
created by this constitution, and, proceeded in, as though the same had 
been therein instituted. 

Sec. 14. The probate courts provided for in this constitution, as 
to all matters within the jurisdiction conferred upon said courts, shall 
be the successors, in the several counties, of the present courts of com¬ 
mon pleas; and the records, files and papers, business and proceeding, 
appertaining to said jurisdiction, shall be transferred to said courts of 
probate, and be there proceeded in, according to law. 

Sec. 15. Until otherwise provided by law, elections for judges and 
clerks shall be held, and the poll-books returned as is provided for gov¬ 
ernor, and the abstract therefrom, certified to the secretary of state, 
shall be by him opened, in the presence of the governor, who shall de¬ 
clare the result, and issue commissions to the person elected. 

Sec. 16. Where two or more counties are joined in a senatorial, 
representative, or judicial district, the returns of election shall be sent 
to the county having the largest population. 

Sec. 17. The foregoing constitution shall be submitted to the elec¬ 
tors of the state, at an election to be held on the third Tuesday of June, 
one thousand eight hundred and fifty-one, in the several election dis¬ 
tricts of this state. The ballots at such election shall be written or 
printed as follows: Those in favor of the constitution, “New constitu¬ 
tion, Yes;” those against the constitution, “New Constitution, No.” The 
polls at said election shall be opened between the hours of eight and 
ten o’clock A. M., and closed at six o’clock P. M.; and the said election 


48 


CONSTITUTION OF THE STATE OF OHIO. 


ARTICLE XVIII. 

shall be conducted, and the returns thereof made and certified, to the 
secretary of state, as provided by law for annual elections of state and 
county officers. Within twenty days after such election, the secretary of 
state shall open the returns thereof, in the presence of the governor; 
and, if it shall appear that a majority of all the votes, cast at such elec¬ 
tion, are in favor of the constitution, the governor shall issue his proc¬ 
lamation, stating that fact, and said constitution shall be the constitution 
of the state of Ohio, and not otherwise. 

Sec. 18. At the time when the votes of the electors shall be taken 
for the adoption or rejection of this constitution, the additional section, 
in the words following, to-wit: “No license to traffic in intoxicating 
liquors shall hereafter be granted in this state; but the General Assembly 
may, by law, provide against evils resulting therefrom,” shall be sep¬ 
arately submitted to the electors for adoption or rejection, in form fol¬ 
lowing, to-wit: A separate ballot may be given by every elector and 
deposited in a separate box. Upon the ballots given for said separate 
amendment shall be written or printed, or partly written and partly 
printed the words: “License to sell intoxicating liquors, Yes;” and 
upon the ballots given against said amendment, in like manner, the 
words: “License to sell intoxicating liquors, No.” If, at the said 
election, a majority of all the votes given for and against said amend¬ 
ment, shall contain the words: “License to sell intoxicating liquors, 
No,” then the said amendment shall be a separate section of article 
fifteen of the constitution. 

Sec. 19. The apportionment for the house of Representatives, 
during the first decennial period under this constitution, shall be as 
follows: 

The counties of Adams, Allen, Athens, Auglaize, Carroll, Cham¬ 
paign, Clark, Clinton, Crawford, Darke, Delaware, Erie, Fayette, Gallia, 
Geauga, Greene, Hancock, Harrison, Hocking, Holmes, Lake, Lawrence, 
Logan, Madison, Marion, Meigs, Morrow, Perry, Pickaway, Pike, 
Preble, Sandusky, Scioto, Shelby and Union, shall, severally, be entitled 
to one representative, in each session of the decennial period. 

The counties of Franklin, Licking, Montgomery, and Stark, shall 
each be entitled to two representatives, in each session of the decennial 
period. 

The counties of Ashland, Coshocton, Highland, Huron, Lorain, 
Mahoning, Medina, Miami, Portage, Seneca, Summit, and Warren, shall, 
severally, be entitled to one representative, in each session and one ad¬ 
ditional representative in the fifth session of the decennial period. 

The counties of Ashtabula, Brown, Butler, Clermont, Fairfield, 
Guernsey, Jefferson, Knox, Monroe, Morgan, Richland, Trumbull, Tus¬ 
carawas, and Washington shall, severally, be entitled to one representa- 


CONSTITUTION OF THE STATE OF OHIO. 49 

l 

SCHEDULE ADOPTED SEPTEMBER 3 , 1912 . 

tive, in each session; and two additional representatives, one in the 
third, and one in the fourth session of the decennial period. 

The counties of Belmont, Columbiana, Ross and Wayne, shall, sev¬ 
erally, be entitled to one representative, in each session; and three addi¬ 
tional representatives, one in the first, one in the scond, and one in the 
third session of the decennial period. 

The county of Muskingum shall be entitled to two representatives, 
in each session; and one additional representative, in the fifth session, 
of the decennial period. 

The county of Cuyahoga shall be entitled to two representatives, in 
each session; and two additional representatives, one in the third, and 
one in the fourth session of the decennial period. 

The county of Hamilton shall be entitled to seven representatives, 
in each session; and four additional representatives, one in the first, one 
in the second, one in the third, and one in the fourth session, of the 
decennial period. 

The following counties, until they shall have acquired a sufficient 
population to entitle them to elect, separately, under the fourth section 
of the eleventh article, shall form districts in manner following, to-wit: 
The counties of Jackson and Vinton, one district; the counties of Lucas 
and Fulton, one district; the counties of Wyandot and Hardin, one dis¬ 
trict; the counties of Mercer and Van Wert, one district; the counties of 
Paulding, Defiance, and Williams, one district; the counties of Putnam 
and Henry, one district; and the counties of Wood and Ottawa, one 
district; each of which districts shall be entitled to one representative, in 
every session of the decennial period. 

Done in convention at Cincinnati, the tenth day of March, in the 
year of our Lord, one thousand eight hundred and fifty-one and of the 
independence of the United States, the seventy-fifth. 

SCHEDULE ADOPTED SEPTEMBER 3, 1912. 

Sec. 20. The several amendments passed and submitted by this con¬ 
vention when adopted at the election shall take effect on the first day of 
January, 1913, except as otherwise specifically provided by the schedule 
attached to any of said amendments. All laws then in force, not incon¬ 
sistent therewith shall continue in force until amended or repealed; pro¬ 
vided that all cases pending in the courts on the first day of January, 1913, 
shall be heard and tried in the same manner and by the same procedure 
as is now authorized by law. Any provision of the amendments passed 
and submitted by this convention and adopted by the electors, incon¬ 
sistent with, or in conflict with, any provision of the present constitution, 
shall be held to prevail. 


50 


CONSTITUTION OF THE STATE OF OHIO. 


SCHEDULE TO ARTICLE IV-SCHEDULE TO ARTICLE XV. 

i 

SCHEDULE TO ARTICLE IV. 

SECTIONS 3, 7, 12 AND 15, ADOPTED SEPT. 3, I912. 

Sec. 21. If the foregoing amendment shall be adopted by the elect¬ 
ors, the judges of the courts of common pleas in office, or elected thereto 
prior to January first, 1913, shall hold their offices for the term for which 
they were elected and the additional judges provided for herein, shall 
be elected at the general election in the year 1914; each county shall 
continue as a part of its existing common pleas district and sub-division 
thereof, until one resident judge of the court of common pleas is elected 
and qualified therein. 

* 1 

SCHEDULE TO ARTICLE XV. 

« 

SECTION 9, ADOPTED NOV. 5, 1918. 

Sec. 22. If the proposed amendment be adopted, it shall become 
Section 9 of Article XV of the Constitution, and it shall take effect on the 
27th day of May of the year following the date of the election at which it 
is adopted, at which time original sections 9 and 9a of Article XV of 
the Constitution and all statutes inconsistent with the foregoing amend¬ 
ment shall be repealed. 












